# State v. Thomas

> Louisiana Court of Appeal · July 15, 2010 · 54 So. 3d 1

URL: https://www.frixlaw.com/law-library/cases/4862458

## Case

- **Full name:** STATE of Louisiana v. Eugene THOMAS State of Louisiana v. Eugene Thomas State of Louisiana v. Morris J. Patin
- **Court:** Louisiana Court of Appeal
- **Decided:** July 15, 2010
- **Citations:** 54 So. 3d 1; 2010 WL 2795320
- **Precedential status:** Published
- **Opinion:** Dissent by Lombard
- **Judges:** Armstrong, Bagneris, Belsome, Bonin, Gorbaty, III, Jones, Kirby, Lombard, Love, McKay, Murray, Tobias
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4862458

## Opinion text

LOMBARD, J.,
Dissents.
LThe defendants have been incarcerated for almost nine years. This delay, even though partially attributable to actions of the public defender’s office and a disaster (Hurricane Katrina), is simply unacceptable in a criminal justice system based upon a presumption of innocence until proven guilty. See Doggett v. U.S., 505 U.S. 647, 652 , 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992) (“the presumption that pretrial delay has prejudiced the accused intensifies over time.”); see also State v. Harris, 2003-0524 (La.App. 4 Cir. 9/10/03) , 857, 857 So.2d 16 so.2d 16, 20 (24 month delay violated defendant’s right to speedy trial); State v. Esteen, 95-1079 (La.App. 4 Cir. 4/3/96) , 672 So.2d 1098, 1102 (delay of two and a half years presumptively prejudicial). Accordingly, I |2would deny the writ and affirm the trial court decision to grant the defendants motion to quash

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4862458. Public record. Not legal advice.