STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0172
VERSUS
WILLIAM VERLANDER APRIL 22, 2022
In Re: William Verlander, applying for supervisory writs,
22nd Judicial District Court, Parish of Washington,
No. unknown.
BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.
WRIT GRANTED. When the defendant is continued in custody
subsequent to an arrest, an indictment or information shall be
filed within thirty days of the arrest if the defendant is being
held for a misdemeanor and within sixty days of the arrest if
See La. Code Crim. P.
the defendant is being held for a felony.
art. 701( B)( 1)( a) ( 2021 La. Acts No. 252, § 1, effective January
1, 2022). Relator has been in the custody of the Washington
Parish Jail since August 2021. The record of the Washington
Parish Clerk of Court does not show that relator has been billed
or arraigned on the charges at issue in his motion to be
released. Lower courts must accept and consider pro se filings
from represented defendants in a pre -verdict context whenever
doing so will not lead to confusion at trial. See State v.
Thibodeaux, 2017- 0705 ( La. 12/ 6/ 17), 236 So. 3d 1253 ( per
curiam); State ex rel. Dyer v. State, 2011- 1648 ( La. 9/ 30/ 11),
71 So. 3d 270. Accordingly, the district court is ordered to act
on relator' s pro se motion to be released pursuant to La. Code
Crim. P. art. 701( B), if it has not already done so, on or
before May 9, 2022. The court is also ordered to consider and
act on relator' s pro se motion for preliminary examination. A
copy of the district court' s rulings on the motions at issue
herein shall be filed in this court on or before May 16, 2022.
A copy of relator' s original writ application will be forwarded
to the district court' s clerk of court.
VGW
AHP
CHH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT