
    STATE of Louisiana v. Ellis HAYNES.
    No. 83-KK-2596.
    Supreme Court of Louisiana.
    Jan. 6, 1984.
   In Re: ELLIS HAYNES, applying for Writs of Certiorari, and or Review, from the First Circuit Court of Appeal, Parish of East Baton Rouge, Number KW 83 1372, to the Nineteenth Judicial District, Court, Number 8-83-544.

Denied.

LEMMON, J., concurs and assigns reasons.

DIXON, C.J.,

dissents from this action and would grant the writ. C.Cr.P. says in Art. 701, that “Failure to institute prosecution [within 60 days] shall result in release of the defendant...” No “just cause” for the delay has been shown here. There is no reasonable way to interpret this law except to order the release of the defendant. He should be tried, and tried speedily. That is the object of the statute.

CALOGERO and DENNIS, JJ., would grant the writ.

LEMMON, Justice,

concurring in the denial of the writ application.

The trial judge should have set an immediate hearing on the application, which was essentially one for habeas corpus, and should have released defendant unless just cause was shown for the failure to file an indictment or information. La.C.Cr.P. Art. 701. However, the indictment was filed before the November 10 hearing, and defendant was no longer entitled to be released. Any illegal detention between September 9 (the 60th day after arrest) and November 2 (the date of indictment) should be treated as an issue of civil damages.  