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STATE v. CHENEAU

No. 2022-K-0084.

336 So.3d 908 (2022)

STATE of Louisiana v. Sidney CHENEAU.

Court of Appeal of Louisiana, Fourth Circuit.

March 22, 2022.

Attorney(s) appearing for the Case

Jason Rogers Williams , District Attorney, Parish of Orleans, 619 South White Street, New Orleans, LA 70119.

Brad Scott , Assistant District Attorney, Parish of Orleans, 619 South White Street, New Orleans, LA 70119, COUNSEL FOR STATE OF LOUISIANA.

Derwyn Bunton , Orleans Public Defenders, 2601 Tulane Avenue, Seventh Floor, New Orleans, LA 70119, COUNSEL FOR SIDNEY CHENEAU.

(Court composed of Chief Judge Terri F. Love, Judge Sandra Cabrina Jenkins, Pro Tempore Judge Madeline Jasmine).

In this writ application, the State seeks review of the Magistrate Commissioner's decision to set a rule to show cause hearing pursuant to La. C.Cr.P. art. 701, absent a prior motion requesting release by the defendant Sydney Cheneau. On review, we find that the plain language of La. C.Cr.P. art. 701 does not require a...

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