State of Louisiana v. Jerroy Holden

Summary

The Louisiana Fourth Circuit Court of Appeal granted the State’s writ application and reversed the district court’s finding of no probable cause on a charge of introducing contraband into a correctional facility. The court held that a firearm discovered on the defendant’s body after his arrival at the Orleans Justice Center constituted contraband under La. R.S. 14:402 and that the statute does not require general or specific criminal intent. The court concluded that the State established the requisite elements for purposes of the preliminary hearing.

Holdings

1. The State established probable cause that Holden introduced contraband into a correctional facility.
2. La. R.S. 14:402 does not require proof of either general or specific intent.

Questions Presented

1. Whether the State established probable cause at the preliminary hearing that Holden introduced contraband into a correctional facility under La. R.S. 14:402.
2. Whether La. R.S. 14:402 requires proof of general or specific criminal intent.
3. Whether the firearm and the Orleans Justice Center satisfied the statutory definitions of contraband and correctional facility.

Disposition

reversed