Opinion
NO. 2018 KW 0645
07-17-2018
STATE OF LOUISIANA v. ANTHONY TIPTON
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 06-16-0468. BEFORE: McDONALD, McCLENDON AND HOLDRIDGE, JJ.
WRIT GRANTED. In the instant case, the date of the offenses in question was not determinable from the affidavit of probable cause. Therefore, the duty judge properly ordered random allotment. If this matter is now re-allotted, almost two years after defendant's arrest, the allotment would not be random. Furthermore, no explanation was provided for the fifteen-month-delay following the indictment in seeking re-allotment of the instant criminal case. Accordingly, we find merit in the State's argument that the random allotment of this case by the clerk's office was proper and complies with the law and should not be disturbed. Moreover, the defense did not allege that the trial judge to whom the case was allotted was biased in any manner. See State v. Wisinger, 618 So.2d 923, 933, (La. App. 1st Cir.), writ denied, 625 So.2d 1063 (La. 1993). The ruling granting the motion for proper allotment is reversed, and this matter is remanded to Section VII for further proceedings.
JMM
PMc
Holdridge, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT