STATE OF LOUISIANA v. JAMIR WILLIAMS (2025)

Writ application granted. See per curiam.

JBM

JLW

JDH

PDG

JMG

CRC

Supreme Court of Louisiana October 14, 2025

SUPREME COURT OF LOUISIANA

No. 2025-KK-00575

STATE OF LOUISIANA

VS.

JAMIR WILLIAMS

On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal

PER CURIAM

Writ granted. Louisiana Code of Criminal Procedure article 701 provides remedies for the failure to timely file a bill of information or an indictment, and for the failure to timely commence trial after a defendant files a motion for a speedy trial. The failure to timely file a bill of information or indictment “shall result in release of the defendant [and the release of the bail obligation] if, after contradictory hearing with the district attorney, just cause for the failure is not shown.” La. C.Cr.P. art. 701 B(2)(b). A similar remedy is provided for the failure to timely commence trial. See La C.Cr.P. art. 701 D(2).

No such remedy is provided in article 701 for a trial court's failure to arraign a defendant within thirty days, as required by subpart C. To the contrary, subpart C merely states that “[u]pon filing of a bill of information or indictment, the district attorney shall set the matter for arraignment within thirty days unless just cause for a longer delay is shown.” Accordingly, the trial court lacked authority to release the defendant from his bail obligation when the arraignment did not take place within the time period set forth in Article 701. Further, defendant has not demonstrated any prejudice resulting from the delay in his arraignment. See State v. Miller, 18-1174, (La. App. 1 Cir. 10/15/18), --- So. 3d ----, ----, 2018 WL 5013665 (unpub.). Nor did defendant assert a right to an arraignment prior to filing his Motion to Release Bond Obligation. See id. The trial court's ruling granting defendant's Motion to Release Bond Obligation for Failure to Arraign Within 30 Days of Indictment is reversed. This matter is remanded for further proceedings.

Crain, J., concurs.