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96-KK-0107
State: Louisiana
Court: Supreme Court
Docket No: 96-KK-0107
Case Date: 01/01/1996
Preview:SUPREME COURT OF LOUISIANA NO. 96-KK-0107 STATE OF LOUISIANA V. EDWARD HAMILTON ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF LAFAYETTE, STATE OF LOUISIANA

MARCUS, Justice* Edward Hamilton was arrested on December 29, 1994 on a charge of armed robbery. Hamilton was fifteen years old at the time and

was placed in the custody of the Lafayette Juvenile Detention Center. On January 4, 1995, Hamilton was brought before the

juvenile court for a continued custody hearing as required by La. Ch.C. art. 819. January 11, 1995. By stipulation the hearing was continued to On that date the juvenile court found probable

cause to hold Hamilton in custody. On January 13, 1995, the district attorney filed a formal petition in juvenile court, charging Hamilton with armed robbery as a juvenile. On February 16, 1995, pursuant to La. Ch.C. art.

305(B), the district attorney exercised his option to file a bill of information in the district court charging Hamilton as an adult. Hamilton was then transferred to the Lafayette Parish Correctional Center, the adult detention facility in Lafayette Parish. Hamilton was arraigned on the armed robbery charge and entered a plea of not guilty. On June 2, 1995, counsel for defendant moved

to quash the bill of information on the basis that more than thirty days had elapsed from defendant's arrest to the filing of the bill of information in contravention of the time limits set forth in La.

*

Victory, J., not on panel.

Rule IV, Part 2,
Download 96-KK-0107.pdf

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