STATE OF LOUISIANA v. FELTON THOMPSON (2023)

Writ application denied.

CRICHTON, J., would grant and assigns reasons:

In light of the extraordinary circumstances presented in this matter, I would grant this application and reinstate the trial court's ruling denying defendant's Motion to Quash. As the trial court noted, La. C.Cr.P. art. 579(A)(2) provides that the time limitations to commence trial established by La. C.Cr.P. art. 578 shall be interrupted if “[t]he defendant cannot be tried ․ because his presence for trial cannot be obtained by legal process, or for any other cause beyond the control of the state․” (emphasis added). In my view, in light of the unprecedented events during the subject time period, the State's inability to bring the defendant for trial was due to causes beyond its control. Thus, I would grant the State's writ application, reverse the court of appeal, and reinstate the trial court's ruling denying the defendant's Motion to Quash.

Crichton, J., would grant and assigns reasons. Crain, J., would grant.