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STATE v. FRANKLIN

No. 2010-K-0564.

46 So.3d 814 (2010)

STATE of Louisiana v. Charles FRANKLIN.

Court of Appeal of Louisiana, Fourth Circuit.

August 11, 2010.

Attorney(s) appearing for the Case

Kerry P. Cuccia , Executive Director, Lance Unglesby , Price Quenin , Capital Defense Project of Southeast Louisiana, New Orleans, LA, for Charles Franklin.

Leon A. Cannizzaro, Jr. , District Attorney, Matthew Caplan , Assistant District Attorney, New Orleans, LA, for State Of Louisiana.

(Court composed of Judge MAX N. TOBIAS, JR., Judge, ROLAND L. BELSOME, Judge PAUL A. BONIN).

ROLAND L. BELSOME, Judge.

Defendant Charles Franklin filed a supervisory writ in connection with the Magistrate Commissioner's grant of the State's motion for a buccal swab to be taken from Mr. Franklin. For the reasons that follow, we grant the writ, reverse the order, and remand the matter for further proceedings.

FACTS AND PROCEDURAL HISTORY

The Defendant, Charles Franklin, was arrested on January 11, 2010, pursuant to an arrest warrant. The case...

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