Case: 528975 D O C K E T M A S T E R Date: 04/16/2025
Section: H Time: 04:10:44
Class: 2
ORLEANS PARISH CRIMINAL DISTRICT COURT
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DF# DEFENDANT(S): CNTS CHARGE(S):
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1 HAYES, CARDELL A
1 RS 14 (27)30.1 BOND: 250,000.00
ATT 2ND DEGREE MURDER
1 RS 14 (27)31 BOND: 0.00
ATT MANSLAUGHTER
1 RS 14 30.1 BOND: 1,000,000.00
2ND DEGREE MURDER
1 RS 14 31 BOND: 0.00
MANSLAUGHTER
1 RS 14 55 BOND: 250,000.00
AGG CRIMINAL DAMAGE TO PROPERTY
1 RS 14 37.4 BOND: 250,000.00
AGG ASSAULT WITH A FIREARM
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DATE PROCEEDINGS
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04/28/2016 SHANKLINL
FILED INDICTMENT
"TRUE BILL"
CAPIAS ISSUED
BOND SET $1,750,000.00
MAGISTRATE PAPERWORK FILED (M-555992, DOB: 08-26-87, F#2431929)
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ALLOTTED. ARRAIGNMENT SET FOR 04-28-16. PDOJL.
04/29/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR ARRAIGNMENT.
ARRAIGNMENT ON 4-28-16 @ 2:27 PM. THE STATE IS REPRESENTED BY
JASON NAPOLI. >THE DEFENDANT WAS REPRESENTED BY JAY DANIELS &
JOHN FULLER. >INDICTMENT WAS READ. >DEFENDANT ENTERED PLEA OF
NOT GUILTY. >DEFENDANT INFORMED OF RIGHT TO TRIAL BY JUDGE OR
JURY. >DISCOVERY HEARING SET FOR 05/18/16 >HEARING ON MOTIONS
SET FOR 06/03/16 >SEND NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
>DEFENSE COUNSEL JAY DANIELS APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT ADA JASON NAPOLI APPEARED.
>DEFENSE FILED: >-SUPPRESS EVIDENCE. >-SUPPRESS STATEMENT.
>-SUPPRESS IDENTIFICATION. >-PRELIMINARY HEARING. >-DISCOVERY
AND INSPECTION. >-MOTION TO REDUCE OR MODIFY THE BOND WITH
REQUEST FOR AN EXPEDITED HEARING, SET 5-18-16. >STATE FILED:
>MEMO PERTAINING TO ISSUANCE OF DEFENSE SUBPOENAS FOR PRETRIAL
>HEARINGS, SET 5-18-16.
05/04/2016 ANDREWSA
>DEFENSE COUNSEL JAY DANIELS APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED: >NOTICE OF
INTENT TO FILE A WRIT. (5-27-16 DEFENSE GRANTED TO APPLY FOR
SUPERVISORY REVIEW) >FILING OF WRITS SET FOR 05/27/16
05/18/2016 ANDREWSA
>DEFENDANT CARDELL A HAYES DID NOT APPEAR FOR DISCOVERY HEARING
>DEFENDANT IN CUSTODY AND NOT BROUGHT INTO COURT. >RESET BY
COURT JURY TRIAL IN PROGRESS. >DISCOVERY HEARING SET FOR
05/20/16 >PDOJL
05/20/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR DISCOVERY HEARING
WITH COUNSEL, JAY DANIELS/JOHN FULLER THE STATE WAS REPRESENTED
BY JASON NAPOLI & LAURA RODRIGUE. >STATE FILED: >MOTION FOR
DISCOVERY BY STATE. INVENTORY OF DISCOVERY. >DISCOVERY HEARING
SET FOR 06/01/16 >NOTIFY DEF.COUNSEL. >PDOJL
05/27/2016 ANDREWSA
>NO APPEARANCES MADE ON THIS DATE, JURY TRIAL IN PROGRESS FROM
5-16-16 THRU 5-27-16 (K. HICKERSON 516-272 "H"). PREVIOUS SET
DATES OF 6-1-16 & 6-3-16 REMAIN. >DISCOVERY HEARING SET FOR
06/01/16 >HEARING ON MOTIONS SET FOR 06/03/16 >SEND NOTICES.
>NOTIFY DEF.COUNSEL. >PDOJL
06/01/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR DISCOVERY HEARING
DISCOVERY HEARING WITH COUNSEL, JAY DANIELS AND JOHN FULLER.
THE STATE IS REPRESENTED BY LAURA RODRIGUE, JASON NAPOLI AND
TIFFANY HUNTER. THE DEFENSE FILED: MOTION FOR ISSUANCE OF SDT
(3) OBJECTION TO STATE'S DISCOVERY REDACTION. INSTANTERS (3)
>STATE FILED: >SUPPLEMENTAL INVENTORY OF DISCOVERY PROVIDED TO
DEFENSE. STATE REQUESTED EX PARTE HEARING PURSUANT TO
LA.C.CR.P.ART 729.7 IN RESPONSE TO DEFENSE MOTION TO PRODUCE
UNREDACTED REPORT. COURT REQUESTED THAT STATE PROVIDE COPY OF
UNREDACTED REPORT TO COURT AND THAT DEFENSE PROVIDE COPY OF
REDACTED REPORT TO COURT 6-3-16. COURT ORDERED STATE TO
IDENTIFY AND PRESERVE ALL BODY CAMERA FOOTAGE IN CASE. SDT
RETURNS ARE TO BE MADE 6-16-16 IN OPEN COURT. >HEARING ON
MOTIONS SET FOR 06/03/16 >SEND NOTICES. >NOTIFY DEF.COUNSEL.
>PDOJL
06/03/2016 ANDREWSA
>COURT RULES THAT THE STATE MADE PRIMA FACIE SHOWING AS REQUIRED
BY ART. 729.7 AND THEREFORE THE STATE DOES NOT HAVE TO PROVIDE
>UNREDACTED REPORT TO DEFENSE. AS 400 LEFT OFF PART OF THIS
COMPLETE SENTENCE*****************
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING ON MOTIONS
HEARING ON MOTIONS WITH COUNSEL, JAY DANIELS AND JOHN FULLER.
THE STATE REPRESENTED BY LAURA RODRIGUE AND JOHN FULLER. >THESE
MOTIONS DID LIE: >SUPPRESS EVIDENCE >SUPPRESS STATEMENT
>SUPPRESS IDENTIFICATION >STATE CALLED NOPD CHRISTOPHER MCGAW
NOPD AMANDA WILLIAMS NOPD DET. TINDELL MURDOCK >STATE EVIDENCE:
>S1 S10 S2 S3 S4 S5 S6 S7 S8 S9 >DEFENSE CALLED: PASTOR SHATEEK
NOBLES SR. >DEFENSE EVIDENCE: >D1 (STATE AND DEFENSE STIPULATED
AS TO D1). >DENIED MOTION TO SUPPRESS EVIDENCE. >DENIED MOTION
TO SUPPRESS STATEMENT. >DENIED MOTION TO SUPPRESS
IDENTIFICATION. >DEFENSE OBJECTED. >DEFENSE INFORMED OF INTENT
TO SEEK A WRIT ON THE RULING. COURT GRANTED UNTIL 06/29/16 TO
FILE WRIT. RETURN DATE ON SDT IN OPEN COURT 6-16-16. WRIT DATE
6-29-16. >TRIAL SET FOR 09/20/16 >DISCOVERY HEARING SET FOR
07/14/16 >SEND NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
>THE DEFENDANT, CARDELL A HAYES, APPEARED BEFORE THE COURT WITH
COUNSELS JAY DANIELS AND JOHN FULLER. >THE STATE IS REPRESENTED
BY LAURA RODRIGUE AND JASON NAPOLI. COURT DENIED MOTION TO
SUPPRESS STATEMENTS FOR STATEMENTS TESTIFIED TO BY NOPD
CHRISTOPHER MCGAW, NOPD AMANDA WILLIAMS AND DET. TINDELL
MURDOCK. COURT DENIED MOTION TO SUPPRESS IDENTIFICATION AS TO
LINEUPS SHOWN TO NOPD CHRISTOPHER MCGAW AND TO UNNAMED WITNESS
(S-4). COURT DENIED MOTION TO SUPPRESS EVIDENCE AS TO EVIDENCE
SEIZED BY NOPD AMANDA WILLIAMS. DEFENSE OBJECTION NOTED AS TO
COURT'S RULINGS. COURT HELD EX PARTE PROCEEDING PURSUANT TO
LA.C.CR.P.ART.729.7 IN CHAMBERS WITH PROCEEDINGS RECORDED BY
CERTIFIED COURT REPORTER COURT RULES THAT THE STATE MADE PRIMA
FACIE SHOWING AS REQUIRED UNREDACTED REPORT TO DEFENSE. DEFENSE
NOTED OBJECTION AS TO RULING, NOTICED INTENT TO SEEK WRITS.
WRITS ARE DUE BY JUBE 29,2016.
06/14/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >STATE FILED: >-MOTION TO RELEASE EVIDENCE TO NOPD.
06/16/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR SUB DUCES TECUM
RETURNED WITH COUNSEL, JAY DANIELS/JOHN FULLER PURSUANT TO SDT
ISSUED TO KIRKENDOLL MGMT. LLC, MR. JOSEPH LAVIGNE APPEARED ON
BEHALF OF JONES WALKER LAW FIRM FOR RETURN ON SDT. MR. JOHN
FULLER CALLED MR. J. LAVIGNE AS A WITNESS WHO TESTIFIED THAT
THERE ARE NO RESPONSIVE DOCUMENTS IN THE POSSESSION OF
KIRKENDOLL LLC RELATIVE TO THE REQUEST SET FORTH IN SDT.
DEFENSE OBJECTION NOTED. RETURN FROM SAKE CAFE MADE TO MR. JAY
DANIELS. AFFIDAVIT PROVIDED TO MR. DANIELS FROM SAKE CAFE WHICH
STATES THERE ARE NO VIDEOS IN THEIR CUSTODY WHICH ARE
RESPONSIVE TO THIS RETURN,PURSUANT TO COURT ORDER, WAS TO BE
MADE IN OPEN MR. CUSIMANO CONTACTED COURT AND WILL BE HERE ON
6-29-16 FOR SDT TO RUTH'S HOSPITALITY GROUP NEEDS TO BE
DIRECTED TO HARRAH'S NEW SDT ISSUED (RETURN ON 6-29-16).
>DEFENSE FILED: >-MOTION AND ORDER FOR ISSUANCE OF SUBPOENA
DUCES TECUM. (1) HARRAH'S ENTERTAINMENT. >RETURN DATE/SUBP
DUCES TECUM SET FOR 06/29/16 >FILING OF WRITS SET FOR 06/29/16
>NOTIFY DEF.COUNSEL. >PDOJL
06/24/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >STATE FILED: >-MOTION TO RELEASE VEHICLE (SET 6-29-16).
06/28/2016 ANDREWSA
>DEFENSE COUNSEL JAY DANIELS APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENDANT IN CUSTODY AND
NOT BROUGHT INTO COURT. >PRESENCE OF DEFENDANT WAIVED. >DEFENSE
FILED: >-MOTION FOR EXTENSION OF TIME TO FILE WRIR (GRANTED TO
7-15-16) NOTICE OF INTENT TO FILE WRIT. >FILING OF WRITS SET
FOR 07/15/16 >NOTIFY DEF.COUNSEL. >PDOJL
06/29/2016 ANDREWSA
>MR. JAY DANIELS CALLED MR. MATHERNE AS A WITNESS FOR QUESTIONING
RELATIVE TO THE SDT.
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR RETURN DATE/SUBP
DUCES TECUM WITH COUNSEL, JAY DANIELS/JOHN FULLER ADA JASON
NAPOLI PRESENT. RETURN ON SDT TO SAKE CAFE, MAKING RETURN IN
OPEN COURT WERE MR. NICHOLAS CUSIMANO, COUNSEL FOR SAKE CAFE
AND MR. DAVID MATHERNE, MGR. FOR SAKE CAFE. MR. CUSIMANO
PROFERRED TO COURT A 1 PAGE LETTER FROM "OPEN EYE" AUTHORED BY
ADAM WESTRUM, TECHNICAL SUPPORT MGR. AND CREDIT CARD RECEIPT
FROM SAKE CAFE. RELATIVE TO THE SDT. >DISCOVERY HEARING SET FOR
07/14/16 >FILING OF WRITS SET FOR 07/15/16 >TRIAL SET FOR
09/20/16 >SEND NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
07/14/2016 WRIGHTD
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR DISCOVERY HEARING
WITH COUNSEL, JAY DANIELS TIFFANY TUCKER AND JASON NAPOLI
APPEARED ON BEHALF OF THE STATE. >DEFENSE FILED: >-MOTION TO
RECUSE DISTRICT ATTORNEY CANNIZARO. >HEARING SET FOR 07/20/16
IN SECTION H . ^^RECUSAL HEARING SCHEDULED^^ >NOTIFY
DEF.COUNSEL. >PDOJL
07/15/2016 WRIGHTD
>**MATTER SCHEDULED FOR RECUSAL HERAING*** >HEARING SET FOR
07/20/16 IN SECTION H . >NOTIFY DEF.COUNSEL. >PDOJL
07/20/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES APPEARED WITH COUNSEL, JOHN FULLER
FOR HEARING STATE WAS REPRESENTED BY LAURA RODRIGUE & JASON
NAPOLI. >CONTINUED ON DEFENSE MOTION. >HEARING SET FOR 07/22/16
>NOTIFY DEF.COUNSEL. >PDOJL
07/21/2016 ANDREWSA
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED:
>SUPPLEMENTAL MOTION TO RECUSE THE ORLEANS PARISH DISTRICT
>ATTORNEY AND SUPPORTING MEMORANDUM.
07/22/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
COUNSEL, JOHN FULLER ADA'S LAURA RODRIGUE, TIFFANY TUCKER &
DAVID PIPES PRESENT FOR THE STATE. STATE FILED MEMO IN
OPPOSITION TO RECUSAL. DEFENSE MOTION TO RECUSE DISTRICT
ATTORNEY "DENIED", DEFENSE OBJECTION NOTED.
***************REMOVE 9-20-16 TRIAL DATE************************
>HEARING SET FOR 08/12/16 DNA/PROCESS AUTOS. >TRIAL SET FOR
11/02/16 >SEND NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
07/27/2016 ANDREWSA
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED: >-MOTION TO
PRESERVE EVIDENCE.
08/03/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >ORDER REC'D FROM COURT OF APPEAL 2016-K-0737 (TRANSCRIPT
REQUEST
08/12/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
COUNSEL, JOHN FULLER >THE COURT GRANTED THE MOTION TO RELEASE
AUTOS, NO OBJECTION BY DEFENSE. THIS CASE REMAINS SET FOR
TRIAL.
08/19/2016 ANDREWSA
>ON 8-17-16 A FILING REC'D AT CLERKS OFFICE FROM COURT OF APPEAL
#2016-K-0737 (ORDER) COURT REPORTER GRANTED AN EXTENSION OF TIME.
>TRANSCRIPT TO BE FILED UNDER SEAL.
09/13/2016 ANDREWSA
>PRE-TRIAL CONFERENCE SET FOR 09/15/16 >PDOJL
09/15/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES APPEARED WITH COUNSEL, JAY DANIELS
FOR PRE-TRIAL CONFERENCE ADA JASON NAPOLI PRESENT. >ON ORAL
MOTION BY THE DEFENSE, THE COURT GRANTED A CONTINUANCE, NOPD
ESSENTIAL WITNESS WILL BE OUT OF THE COUNTRY ON 11-2-16
PREVIOUSLY SELECTED TRIAL DATE. 11-2-16 TRIAL DATE IS NOW
CONVERTED TO A DISCOVERY HEARING DATE. >TRIAL SET FOR 12/01/16
>SEND NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
09/20/2016 ANDREWSA
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED: >-MOTION TO
TRANSFER EVIDENCE. >HEARING SET FOR 09/21/16 >NOTIFY
DEF.COUNSEL. >PDOJL
09/21/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
COUNSEL, JOHN FULLER ADA JASON NAPOLI PRESENT FOR THE STATE.
THE COURT "GRANTED" MOTION TO TRANSFER EVIDENCE, NO OPPOSITION BY
THE STATE. >DISCOVERY HEARING SET FOR 11/02/16 >SEND NOTICE TO
DEFENSE COUNSEL. >PDOJL
10/12/2016 ANDREWSA
>CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN COURT.
COURT OF APPEAL, FOURTH CIRCUIT 2016-K-0737, WRIT DENIED.
10/14/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
COUNSEL, JOHN FULLER ADA LAURA RODRIGUE PRESENT FOR THE STATE.
ORDER FILED AND PLACED INTO RECORD. >DISCOVERY HEARING SET FOR
11/02/16 >NOTIFY DEF.COUNSEL. >PDOJL
10/20/2016 ANDREWSA
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENDANT IN CUSTODY AND
NOT BROUGHT INTO COURT. >PRESENCE OF DEFENDANT WAIVED. >DEFENSE
FILED: >DEFENSE'S CHAIN OF CUSTODY PROCEDURE TO TRANSFER
EVIDENCE.
11/02/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR DISCOVERY HEARING
WITH COUNSEL, JAY DANIELS ADA JASON NAPOLI APPEARED FOR THE
STATE. STATE'S MOTION IN LIMINE TO EXCLUDE THE PRIOR ARREST
RECORD OF THE VICTIM IS "GRANTED". STATE FILED SUPPLEMENTAL
INVENTORY OF DISCOVERY PROVIDED TO DEFENSE. STATE PURSUANT TO
DISCOVERY REQUEST: TURNED OVER 7 DIFFERENT FBI REPORTS. DEFENSE
PURSUANT TO DISCOVERY REQUEST WILL PROVIDE CELL PHONE VIDEO TO
STATE ELECTRONICALLY. STATE PROPOSED JURY QUESTIONAIRE, THE
COURT SET 11-7-16 FOR BOTH SIDES TO PRESENT ADDITIONAL
QUESTIONS FOR QUESTIONAIRE. STATE AND DEFENSE ANNOUNCED THEY
WILL BE READY FOR TRIAL 12-1-16. >TRIAL SET FOR 12/01/16 >SEND
NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
11/07/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
COUNSEL, JOHN FULLER/JAY DANIELS ADAS JASON NAPOLI & LAURA
RODRIGUE APPEARED FOR THE STATE. COURT SIGNED ORDER FOR CLERK'S
OFFICE TO SEND TO BODE CELLMARK SPECIFIC EVIDENCE. COURT SPOKE
WITH LOUISIANA STATE POLICE, MR. MYLES ROBICHAUX TO ADDRESS THE
TWO REFERENCE SAMPLES BEING SENT TO BODE CELLMARK. COURT RULED
ON OBJECTIONS REGARDING THE REGARDING JURY LOGISTICS. >TRIAL
SET FOR 12/01/16 >SEND NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
11/10/2016 SHANKLINL
AS PER-ORDERED BY MINUTE CLERK RULING SET FOR 11-14-16. PDOJL.
>DEFENSE COUNSEL JAY DANIELS APPEARED WITHOUT DEFENDANT, CARDELL
CARDELL A HAYES, FOR A HEARING; DEFENDANT DID NOT APPEAR.
>DEFENDANT IN CUSTODY AND NOT BROUGHT INTO COURT. >PRESENCE OF
DEFENDANT WAIVED. ADA LAURA RODRIGUE AND JASON NAPOLI APPEARED
FOR THE STATE. >STATE FILED: >MOTION FOR SEQUESTRATION OF
JURORS PURSUANT TO LA.C.CR.P. ART.79 COURT RULED THAT JURY
QUESTIONNAIRES WILL NOT BE USED FOR JURY SELECTION. >RULING SET
FOR 11/14/16 >NOTIFY DEF.COUNSEL. >PDOJL
11/14/2016 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR RULING WITH
COUNSEL, JOHN FULLER ADA LAURA RODRIGUE AND JASON NAPOLI
PRESENT FOR THE STATE. ORDER FILED INTO RECORD. >RULING SET FOR
11/16/16 >NOTIFY DEF.COUNSEL. >PDOJL
11/16/2016 NETTERVILD
>DEFENSE COUNSEL JAY DANIELS APPEARED WITHOUT DEFENDANT, CARDELL
CARDELL A HAYES, ADA JASON NAPOLI PRESENT. DEFENSE INTENT TO
FILE WRIT NOTED, WRITS DUE 11-22-16. STAY DENIED, EXTENSION
DENIED.
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR RULING WITH
COUNSEL, JOHN FULLER ADAS LAURA RODRIGUE AND JASON NAPOLI
PRESENT FOR THE STATE. THE COURT "GRANTED" THE STATE'S MOTION.
>TRIAL SET FOR 12/05/16 >SEND NOTICES. >NOTIFY DEF.COUNSEL.
>PDOJL ****************REMOVE
12-1-16*****************************
>DEFENSE COUNSEL JAY DANIELS APPEARED WITHOUT DEFENDANT, CARDELL
CARDELL A HAYES. >DEFENSE FILED: >-NOTICE OF INTENT TO FILE A
WRIT. >STAY DENIED.
11/29/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >STATE FILED: >-MOTION AND ORDER TO INVOKE FIREARM
PROVISIONS. >STATE'S MOTION FOR VICTIM'S FAMILY TO BE PRESENT
DURING COURT PROCEEDINGS PURSUANT TO LA. CODE OF EVIDENCE
ARTICLE 615.
>DEFENSE COUNSEL A.J. IBERT APPEARED. >DEFENSE FILED: >-MOTION
TO QUASH. >HEARING SET FOR 11/30/16 >DEFENDANT'S PRESENCE NOT
REQUIRED.
11/30/2016 ANDREWSA
>DEFENSE COUNSEL A.J. IBERT APPEARED ON BEHALF OF A WITNESS
SUBPOENAED BY THE STATE. >ADA LAURA C. RODRIGUE APPEARED FOR
THE STATE. DEFENSE COUNSEL JOHN FULLER DID NOT APPEAR,
DEFENDANT NOT PRESENT OR ON JAIL LIST FOR TODAY. THIS TRIAL
REMAINS SET FOR 12-5-16.
12/01/2016 ANDREWSA
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED: >WITNESS
LIST. >INSTANTER SUBPOENAS (24).
12/02/2016 ANDREWSA
>COURT ORDER FILED AND ISSUED.
12/05/2016 SHANKLINL
AS PER-ORDER BY MINUTE CLERK TRIAL RESET FOR 12-06, 07, 08, 09
PDOJL.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and JAY DANIELS >DEFENDANT ELECTED TRIAL BY JURY. >LAURA
RODRIGUE ,JASON NAPOLI AND TIFFANY TUCKER REPRESENTED THE
STATE. >STATE FILED THESE MOTIONS: >STATE'S SUPPLEMENTAL
INVENTORY OF DISCOVERY PROVIDED TO DEFENSE. STATE'S NOTICE
PURSUANT TO LA.C.CR.P.ART.716,721-722,767 & 768. >LAURA
RODRIGUE,JASON NAPOLI & TIFFANY TUCKER GAVE VOIR DIRE FOR THE
STATE. >THESE JURORS: 474263, ALT. 1, 173759 ALT.2, 220090
ALT.3, 308225 ALT.4 >14 JURORS WERE EXCUSED BY THE STATE. >26
JURORS WERE EXCUSED FOR CAUSE. TRIAL ENDED ON THIS DATE @
10:05PM. JURY SELECTION ONLY ON THIS DATE. >TRIAL CONTINUED TO
12/06/16 >PDOJL
12/06/2016 ANDREWSA
>ON 12-5-16 COUNT 2 SEVERED OUT OF BILL OF INFORMATION.
>ON 12-5-16 INSTRUCTIONS FOR ALL SEQUESTERED JURORS FILED INTO
RECORD. >ON 12-6-16 THE COURT "GRANTED" STATE'S MOTION TO
EXCLUDE HEARSAY STATEMENTS OF THE DEFENDANT.
12/07/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and JAY DANIELS >LAURA RODRIGUE,JASON NAPOLI AND TIFFANY
TUCKER REPRESENTED THE STATE. >TRIAL CONTINUED FROM 12/06/16
TRIAL BEGAN @ 9:06AM ON THIS DATE. >STATE WITNESSES: >STATE
EVIDENCE: S77 S78 S79 TRIAL RECESSED AT 6:05 PM ON THIS DATE.
>TRIAL CONTINUED TO 12/08/16 >PDOJL
12/08/2016 SHANKLINL
AS PER-ORDERED BY MINUTE CLERK TRIAL RESET FOR 12-10, 11, 12,
13, 14, 15, 16, 2016 PDOJL.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and JAY DANIELS >LAURA RODRIGUE, TIFFANY TUCKER AND
JASON NAPOLI REPRESENTED THE STATE. >TRIAL CONTINUED FROM
12/07/16 TRIAL BEGAN @ 9:20AM ON THIS DATE (DAY 4) >THE STATE
OFFERED STIPULATION TO DEFENSE AS TO TESTIMONY OF MEREDITH
ACOSTA WHO IS EXPERT IN FIELD OF BALLISTICS & EXAMINATIONS
ACCEPTED >STATE WITNESSES: >STATE EVIDENCE: S80 S81 S82 S83-S84
S85 S86 S87 S88 S89 S90 S91 >DEFENSE EVIDENCE: D1 TRIAL
RECESSED ON THIS DATE @ 7:30PM >TRIAL CONTINUED TO 12/09/16
>PDOJL
12/09/2016 ANDREWSA
>ON 12-8-16 @ 12:10PM DEFENSE MOVED FOR A MISTRIAL, THE COURT
DENIED MISTRIAL.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and JAY DANIELS >JASON NAPOLI, TIFFANY TUCKER & LAURA
RODRIGUE REPRESENTED THE STATE. >TRIAL CONTINUED FROM 12/08/16
TRIAL BEGAN @ 9:13 AM. >STATE WITNESSES: STATE AND DEFENSE
STIPULATED AS TO EXPERTISE OF DR. SAMANTHA HUBER AS AN EXPERT
IN FORENSIC PATHOLOGY. THE COURT QUALIFIED MICHAEL SUNSERI AS
AN EXPERT IN ACCIDENT RECONSTRUCTION AND CRASH DATA ANALYSIS.
>STATE EVIDENCE: S106 S107 S108 S109 S110 S111 S86 S89 S90 S91
S92 S93 S94-105 >DEFENSE WITNESSES: >DEFENSE EVIDENCE: D2 D3 D4
D5 TRIAL RECESSED ON THIS DATE @ 6:10 PM. >TRIAL CONTINUED TO
12/10/16 >PDOJL
12/10/2016 ANDREWSA
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
TRIAL REPRESENTED BY JOHN FULLER and JAY DANIELS. >JASON
NAPOLI,LAURA RODRIGUE & TIFFANY TUCKER REPRESENTED THE STATE.
>THIS TRIAL IS CONTINUED FROM 12/09/16, TRIAL BEGAN ON 12-5-16
(SEQUESTERED JURY 12-5-16 TO 12-11-16) DAY 6 OF TRIAL. TRIAL
BEGAN @ 9:49AM ON THIS DATE. >DEFENSE WITNESSES: >DEFENSE
EVIDENCE: D10 D11 D12 D6 D7 D8 D9 >IN REBUTTAL THE STATE CALLED
TRIAL RECESSED ON THIS DATE @ 4:16PM. >TRIAL CONTINUED TO
12/11/16 >PDOJL
12/11/2016 ANDREWSA
>ON SUNDAY 12-11-16 CLOSING ARGUMENTS FOR THE CARDELL A. HAYES
TRIAL WERE AS FOLLOWS: >STATE 1ST CLOSING ADA JASON NAPLOI
9:06AM-9:57AM DEFENSE CLOSING ATTY. JOHN FULLER 9:57AM-
(RESTROOM BREAK FROM 11:50-12:25) THEN DEFENSE CONTINUED HIS
CLOSING FROM 12:25-2:11PM LUNCH BREAK 2:11PM-3:32PM STATE
REBUTTAL CLOSING ADA LAURA RODRIGUE 3:32PM-4:20PM
>FOR 3 GUILTY OF RS 14 (27)31 ATT MANSLAUGHTER >FOR 4 GUILTY OF
RS 14 31 MANSLAUGHTER >FOR 1 RS 14 55 AGG CRIMINAL DAMAGE TO
PROPERT DEFENDANT FOUND NOT GUILTY BY JURY. >RELEASE ISSUED. AS
TO COUNT 1**************************************************
>DEFENDANT REMANDED TO CRIMINAL SHERIFF. AS TO COUNTS 3 & 4.
10:2 VERDICT >SENTENCING SET FOR 02/17/17 >PRE-TRIAL CONFERENCE
SET FOR 02/17/17 AS TO OPEN COUNT 2. PSI ORDERED. >NOTIFY
DEF.COUNSEL. >PDOJL
>STATE AND DEFENSE HAD NO OBJECTION TO S93,S75,S92,S3 GOING INTO
JURY ROOM.
12/12/2016 ANDREWSA
>POLLING SLIPS, JURY PANEL SHEET & PEREMPTORY SHEETS UNDER SEAL.
12/14/2016 ANDREWSA
>ALL EVIDENCE IN THE CUSTODY OF THE ORLEANS CRIMINAL DISTRICT
CLERK OF COURT IS "NOT" TO BE RELEASED**************************
>JUDGE DID A VERBAL POLL ON 12-11-16 (SUNDAY NIGHT) OF EACH JUROR
ON EACH COUNT IN OPEN COURT.
>S89 APPLICATION FOR SEARCH WARRANT S90 APPLICATION FOR SEARCH
WARRANT >S91 APPLICATION FOR SEARCH WARRANT S92 CORONER'S
REPORT D4 CRASH REPORT D6 CRASH REPORT AMMUNITION CARTRIDGE
DOCUMENT. *************ALL TURNED OVER TO PROPERTY DEPT. @
CLERKS OFFICE***
01/25/2017 ANDREWSA
>DEFENSE COUNSEL TANZIE RUFFIN APPEARED ON BEHALF OF KEVIN O'NEAL
FOR A MOTION TO RELEASE PROPERTY FILING. >HRG ON MOTION/RETURN
PROPERTY SET FOR 02/17/17
01/30/2017 ANDREWSA
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENDANT IN CUSTODY AND
NOT BROUGHT INTO COURT. >STATUS HEARING SET FOR 01/31/17 IN
SECTION H . DEFENSE COUNSEL MOVED FOR CONTINUANCE HAS REQUESTED
ADDITIONAL TRANSCRIPTS IN PREPARATION FOR SENTENCING HEARING.
DEFENSE REQUEST FOR CONTINUANCE GRANTED. JASON NAPOLI APPEARED
ON BEHALF OF THE STATE. >SEMD NOTICES. >NOTIFY DEF.COUNSEL.
>PDOJL
01/31/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES, APPEARED BEFORE THE COURT FOR A
HEARING WITH COUNSEL, PAUL BARKER. ADA JASON NAPOLI PRESENT FOR
THE STATE. >SENTENCING SET FOR 03/27/17 >NOTIFY DEF.COUNSEL.
>PDOJL ***************REMOVE 2-17-17
DATE******************************
03/06/2017 ANDREWSA
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENDANT IN CUSTODY AND
NOT BROUGHT INTO COURT. >PRESENCE OF DEFENDANT WAIVED. >STATUS
HEARING SET FOR 03/14/17 >NOTIFY DEF.COUNSEL. >PDOJL
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
CARDELL A HAYES. >DEFENSE FILED: >-AMENDED WITNESS LIST. >SERVE
BOTH PEOPLE LISTED ON DEFENSE WITNESS LIST FILED FOR 3-14-17.
03/08/2017 WRIGHTD
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR UNSCHEDULED JUDICIAL ACTIVITY >THE DEFENSE FILED:
>-MOTION AND ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICADUM.
THE COURT GRANTED THIS MOTION. >HEARING SET FOR 03/14/17 IN
SECTION H . >NOTIFY DEF.COUNSEL. >PDOJL
03/14/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
HEARING WITH COUNSEL, PAUL BARKER AND JOHN FULLER. ADA LAURA
RODRIGUE AND JASON NAPOLI PRESENT FOR THE STATE. THE FOLLOWING
WERE CALLED BY THE DEFENSE, SWORN TESTIFIED AND CROSS EXAMINED
BY THE STATE: 1) ANDREA LOTT 2) DR. STEPHEN THON THE FOLLOWING
WAS CALLED BY THE STATE, SWORN TESTIFIED AND CROSS EXAMINED BY
THE DEFENSE: 1) DR. JOHN HUNT S1- MEDICAL RECORDS >SENTENCING
SET FOR 03/27/17 >NOTIFY DEF.COUNSEL. >PDOJL
03/20/2017 ANDREWSA
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED: >-MOTION TO
WITHDRAW AS COUNSEL OF RECORD.
03/21/2017 SHANKLINL
AS PER-ORDERED BY MINUTE CLERK STATUS HEARING SET FOR 03-23-17
PDOJL.
>STATUS HEARING SET FOR 03/23/17 >PDOJL
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >PSI REC'D.
03/22/2017 ANDREWSA
>DEFENSE COUNSEL MARCUS DELARGE APPEARED WITHOUT DEFENDANT,
CARDELL A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED:
>-MOTION TO CONTINUE.
03/23/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR STATUS HEARING WITH
COUNSEL, JAY DANIELS/JOHN FULLER ADA JASON NAPOLI & TIFFANY
TUCKER PRESENT. DEFENSE MOTION TO CONTINUE "GRANTED", STATE
OBJECTION NOTED. DEFENSE MOTION TO WITHDRAW (ATTY. PAUL BARKER)
"GRANTED". >STATUS HEARING SET FOR 03/30/17 >NOTIFY
DEF.COUNSEL. >PDOJL *****************REMOVE 3-27-17 SENTENCE
DATE*****************
03/30/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR STATUS HEARING WITH
COUNSEL, JAY DANIELS >SENTENCING SET FOR 04/19/17 >NOTIFY
DEF.COUNSEL. >PDOJL
04/18/2017 FISHERT
CLERK'S OFFICE RECEIVED MOTION FOR NEW TRIAL AND INCORPORATED
MEMORANDUM IN SUPPORT;MEMORANDUM IN SUPPORT OF MOTION FOR NEW
TRIAL;AFFIDAVIT IN SUPPORT OF MOTION FOR NEW TRIAL BASED UPON
NEWLY DISCOVERED EVIDENCE.
04/19/2017 OLIVERR
AS PER THE MINUTE CLERK, TRIAL SET FOR 4/20/17.
SENTENCING SET FOR 4/21/17. PDOJL.
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR SENTENCING WITH
SENTENCING WITH COUNSEL, JAY DANIELS AND JOHN FULLER. ADAS
LAURA RODRIGUE, TIFFANY TUCKER, AND JASON NAPOLI PRESENT FOR
THE STATE. MOTION FOR NEW TRIAL FILED 4-18-17. HEARING BEGAN AT
9:20AM ON THIS DATE. DEFENSE CALLED THE FOLLOWING WHO WAS SWORN
TESTIFIED AND CROSS EXAMINED BY THE STATE: 1) MICHAEL BURNSIDE
HEARING RECESSED AT 12:00-1:30. AFTER LUNCH RECESS THE COURT
"DENIED" THE MOTION FOR NEW TRIAL. DEFENSE INVOKED 48 HOUR
DELAY. STATE FILED S1-S2 INCIDENT REPORT. THE FOLLOWING WERE
CALLED BY THE STATE SWORN TESTIFIED AND CROSS EXAMINED BY THE
DEFENSE FOR VICTIM IMPACT STATEMENT: 1) JEANETTE SMITH (VICTIMS
AUNT) 2) CHANTAY LEE (VICTIMS SISTER) 3) HEATHER JOSHUA
(VICTIMS SISTER IN LAW) 4) RACQUEL SMITH (VICTIMS WIFE) 5) KIRA
MANGANELLO 6) JASMINE MATTHEWS 7) SEAN PAYTON RECESSED ON THIS
DATE @ 3:49PM. >SENTENCING SET FOR 04/21/17 >PDOJL
04/20/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES, APPEARED BEFORE THE COURT WITH
COUNSELS JAY DANIELS AND JOHN FULLER. ADAS LAURA RODRIGUE,
TIFFANY TUCKER & JASON NAPOLI PRESENT. >THIS IS A CONTINUATION
OF VICTIM IMPACT STATEMENT FROM 4-19-17, >HEARING BEGAN TODAY @
11:00AM. >DEFENSE CALLED: CARDELL HAYES HENRY JOLLY COACH
DARREN MARTIN (W.EASTON) PASTOR SHATEEK NOBLES SR. TIFFANY
LACROIX DAWN MUMPHREY (DEF. MOTHER) GENIETRA MUMPHREY (DEF.
SISTER ) RECESSED FROM 1:00-2:15 ARGUMENTS FROM BOTH STATE AND
DEFENSE (EACH SIDE HAS 20 MINUTES) LAURA RODRIGUE FOR THE
STATE. JAY DANIELS FOR THE DEDFENSE.
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR SENTENCING WITH
COUNSEL, JAY DANIELS/JOHN FULLER >SENTENCE: AS TO COUNT 3:
ATTEMPTED MANSLAUGHTER 15 YEARS DOC WITHOUT BENEFIT OF
PROBATION PAROLE OR SUSPENSION OF SENTENCE, CRIME OF VIOLENCE
IS INCLUDED >AS TO COUNT 4: MANSLAUGHTER >25 YEARS, AT DOC AT
HARD LABOR. >CONCURRENT WITH THESE COUNTS: ANY OTHER SENTENCE
>WITHOUT BENEFIT OF PROBATION, PAROLE OR SUSPENSION. >INCLUDES
A CRIME OF VIOLENCE. BOTH COUNTS ARE CONCURRENT WITH CREDIT FOR
TIME SERVED. >CREDIT FOR TIME SERVED.
>TRIAL SET FOR 06/26/17 (AS TO COUNT 2) >SEND NOTICES. >NOTIFY
DEF.COUNSEL. >PDOJL
04/24/2017 ANDREWSA
>SENTENCE TO INCLUDE 893.3
04/25/2017 ANDREWSA
>SENTENCE IMPOSED ON 4-20-17 WAS UNDER THE PROVISIONS OF LA.C.CR.
>ART 893.3
04/28/2017 ANDREWSA
>DEFENSE COUNSEL TANZIE RUFFIN APPEARED ON BEHALF OF KEVIN
ONEAL FOR A MOTION TO RETURN PROPERTY. >HRG ON MOTION/RETURN
PROPERTY SET FOR 06/21/17
05/04/2017 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >DEFENSE FILED: >-MOTION TO RE ENROLL AS COUNSEL OF
RECORD (ATTY. PAUL BARKER) >-NOTICE OF APPEAL AND DESIGNATION
OF RECORD. >APPEAL STATUS SET FOR 05/10/17 >NOTIFY DEF.COUNSEL.
>PDOJL
05/05/2017 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >DEFENSE FILED: >-MOTION AND ORDER FOR WRIT OF HABEAS
CORPUS AD TESTIFICADUM.
05/10/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES, APPEARED. >THE COURT RESET
THIS CASE. MEMO IN SUPPORT OF DEFENDANT'S MOTION TO RE-ENROLL
PAUL J. BARKER AS CO-COUNSEL OF RECORD (ATTY. DANE S. CIOLINO).
>HEARING SET FOR 05/18/17 >PDOJL
05/18/2017 SHANKLINL
AS PER-ORDERED BY MINUTE CLERK HEARING RESET FOR 05-19-17
PDOJL.
>THE DEFENDANT CARDELL A HAYES, APPEARED FOR A HEARING. >RESET
BY COURT >HEARING SET FOR 05/19/17 >NOTIFY DEF.COUNSEL. >PDOJL
05/19/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
COUNSEL, PAUL BARKER THE COURT "GRANTED" DEFENSE MOTION TO
RE-ENROLL ADA JASON NAPOLI PRESENT. APPEAL FORMS DONE. >APPEAL
STATUS SET FOR 07/28/17 >NOTIFY DEF.COUNSEL. >PDOJL
06/22/2017 ANDREWSA
>COURT CLOSED ON 6-21-17 DUE TO TROPICAL STORM CINDY. MOTION TO
RELEASE PROPERTY WAS SET ON 6-21-17. >HRG ON MOTION/RETURN
PROPERTY SET FOR 07/28/17 NOTIFY ATTY. TANZIE RUFFIN.
06/26/2017 ANDREWSA
>DEFENDANT CARDELL A HAYES DID NOT APPEAR FOR TRIAL DEFENDANT
IS IN DOC. ADA TIFFANY TUCKER APPEARED. >CONTINUED ON STATE
MOTION >TRIAL CONTINUED TO 08/21/17 (AS TO OPEN COUNT) >SEND
NOTICES. >NOTIFY DEF.COUNSEL. >PDOJL
07/17/2017 WRIGHTD
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED: >-MOTION
FOR DESIGNATION AND INCLUSION OF SPECIFIED EVIDENCE IN >THE
APPELLATE RECORD. >-MOTION AND ORDER FOR WRIT OF HABEAS CORPUS
AD TESTIFICADUM.
07/20/2017 WRIGHTD
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR UNSCHEDULED JUDICIAL ACTIVITY >PRESENCE OF
DEFENDANT WAIVED. >POST CONVICTION HEARING SET FOR 07/28/17 IN
SECTION H . >NOTIFY DEF.COUNSEL. >PDOJL
07/28/2017 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR APPEAL STATUS WITH
COUNSEL, PAUL BARKER COURT REPORTERS MELINDA HEBERT & PHYLLIS
JACOMET HAVE COMPLETED AND TURNED IN ALL TRANSCRIPTS. ROVING
COURT REPORTER LINDA LEGEAUX REQUESTED AN EXTENSION UNTIL
8-28-17 TO COMPLETE HER PORTION OF TRANSCRIPTS. >APPEAL STATUS
SET FOR 08/28/17 >NOTIFY DEF.COUNSEL. >PDOJL
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR POST CONVICTION
HEARING WITH COUNSEL, PAUL BARKER ADA JASON NAPOLI PRESENT.
>FOR COUNT 2 RS 14 37.4 AGG ASSAULT WITH A FIREARM NOLLE
PROSEQUI. >RELEASE ISSUED. AS TO COUNT 2, THE DEFENDANT IS
SERVING A 25 YEAR DOC SENTENCE. >REMOVE 8-21-17 TRIAL
DATE**************************************
>THE DEFENDANT, CARDELL A HAYES, APPEARED BEFORE THE COURT WITH
COUNSEL, PAUL BARKER. ADA JASON NAPOLI PRESENT. HEARING HELD ON
MOTION FOR DESIGNATION AND INCLUSION OF SPECIFIED EVIDENCE IN
THE APPELLATE RECORD. THE COURT RULED ON 1-13. >FOR COUNT 2 RS
14 37.4 AGG ASSAULT WITH A FIREARM NOLLE PROSEQUI. >RELEASE
ISSUED. >A RELEASE WAS ISSUED TO COUNT 2 ONLY, DEFENDANT IS
SERVING A 25 YEAR DOC SENTENCE.
07/31/2017 ANDREWSA
>ATTY. TANZIE RUFFIN APPEARED ON BEHALF OF KEVIN ONEAL FOR A
MOTION TO RELEASE PROPERTY. >HRG ON MOTION/RETURN PROPERTY SET
FOR 08/08/17
08/08/2017 ANDREWSA
>ADA JASON NAPOLI APPEARED FOR THE STATE. DEFENSE COUNSEL
TANZIE RUFFIN APPEARED ON BEHALF OF KEVIN >ONEAL FOR A MOTION
TO RETURN PROPERTY. >HRG ON MOTION/RETURN PROPERTY SET FOR
08/15/17
08/14/2017 ANDREWSA
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED:
>SUPPLEMENTAL MOTION FOR DESIGNATION AND INCLUSION OF SPECIFIED
>DOCUMENTS IN THE APPELLATE RECORD.
08/15/2017 ANDREWSA
>DEFENSE COUNSEL TANZIE RUFFIN APPEARED ON BEHALF OF KEVIN
ONEAL, FOR HRG ON MOTION/RETURN PROPERTY. ADA TIFFANY TUCKER
PRESENT FOR THE STATE. >THE COURT DENIED MOTION TO RETURN
PROPERTY.
08/22/2017 ANDREWSA
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED: >-MOTION
AND ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICADUM.
08/23/2017 ANDREWSA
>DEFENSE COUNSEL PAUL BARKER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR FILING(S) IN OPEN COURT ADA JASON NAPOLI APPEARED.
********VIDEO CONFERENCE ON 8-28-17 DAVID WADE CORRECTIONAL******
>APPEAL STATUS SET FOR 08/28/17 >NOTIFY DEF.COUNSEL. >THE
DEFENDANT'S PRESENCE IS NOT REQUIRED BECAUSE DEFENDANT WILL BE
ON VIDEO FROM DOC FACILITY.
08/28/2017 SHANKLINL
AS PER-ORDERED BY MINTUE CLERK APPEAL STATUS HEARING RESET FOR
08/29/17. BY VIDEO.
>THE DEFENDANT CARDELL A HAYES, APPEARED VIA VIDEO CONFERENCE.
THIS IS A DEFENSE CONTINUANCE. VIDEO CONFERENCE SET FOR
8-29-17. >APPEAL STATUS SET FOR 08/29/17 >PLACE THE DEFENDANT
ON THE JAIL LIST FOR VIDEO CONFERENCE.
08/30/2017 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR APPEAL STATUS
STATE NOR DEFENSE GAVE A NEXT DATE. >CONTINUED WITHOUT DATE.
09/12/2017 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >PAUL BARKER DID NOT FILE SECOND SUPPLEMENTAL PLEADING IN
OPEN COURT. PLEADING WAS LEFT IN COURT. STATE IS ORDERED TO
RESPOND TO SUPPLEMNTAL MOTION FOR DESIGNATION AND INCLUSION OF
SPECIFIED DOCUMENTS IN THE APPELLATE RECORD. STATE IS ALSO
ORDERED TO RESPOND TO THE SECOND SUPPLEMENTAL MOTION FOR
DESIGNATION AND INCLUSION OF SPECIFIED EVIDENCE IN THE
APPELLATE RECORD WITH EXHIBIT ATTACHED. >APPEAL STATUS SET FOR
10/20/17 IN SECTION H . >NOTIFY DEF.COUNSEL.
09/15/2017 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >STATE FILED: >MEMO IN OPPOSITION TO DEFENDNT'S MOTIONS
TO SUPPLEMENT RECORD >WITH DOCUMENTS THAT WERE NEVER INTRODUCED
INTO EVIDENCE.
09/20/2017 ANDREWSA
>2 COPIES OF THE COURT'S RECORD INCLUDING ALL TRANSCRIPTS LOGGED
AND LODGED IN THE APPEALATE DIVISION OF CRIMINAL DISTRICT COURT
WERE LODGED AT THE 4TH CIRCUIT ON 9/19/17. DONA WRIGHT-LAVIZZO,
ROVINF MINUTE CLERK.
10/20/2017 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR APPEAL STATUS
>ALL TRANSCRIPTS LOGGED AND LODGED PREVIOUSLY.
02/28/2018 ANDREWSA
>COURT OF APPEAL 2017-KA-0789 ORDER FILED. PURSUANT TO FOURTH
CIRCUIT ORDER, COURT REPORTER MELINDA HEBERT HAS FILED MARCH
14, 2017 TRANSCRIPT OF PROCEEDINGS WITH THE JUDICIAL
ADMINISTRATOR-SANDY MEADOUX FOR FILING WITH THE FOURTH CIRCUIT.
PURSUANT TO THE FOURTH CIRCUIT COURT OF APPEAL NO. 2017-KA-0789
THIS COURT DIRECTS THE CLERK OF COURT TO FORWARD ALL EXHIBITS
FILED AT THE HEARING CONDUCTED ON MARCH 14, 2017 WITH THE CLERK
>OF COURT. PLEASE SERVE NOTICE TO THE CLERK OF CRIMINAL
DISTRICT COURT.
03/15/2018 ANDREWSA
>AFTER REVIEW OF THE TRANSCRIPT DATED MARCH 14, 2017, NEITHER
THE STATE NOR THE DEFENSE FILED, OFFERED, OR INTRODUCED EXHIBITS
>FOR THE RECORD. EXHIBITS WERE REFERENCED BY THE STATE AND THE
DEFENSE BUT THESE EXHIBITS WERE NOT PROPERLY ADMITTED INTO
EVIDENCE AND THEREFORE ARE NOT A PART OF THE RECORD.
04/24/2018 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >STATE FILED COURTESY COPY OF COMPLIANCE WITH THIS
COURT'S ORDER DATED 4-3-18 (2 DISCS ATTACHED ARE TO REMAIN IN
RECORD). FOURTH CIRCUIT COURT OF APPEAL 2017-KA-0789
05/09/2018 ANDREWSA
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT THE STATE HAS FILED A COURTESY COPY OF THEIR STATE'S
BRIEF FOR THE FOURTH CIRCUIT COURT OF APPEAL. >THE STATE HAS
FILED A COURTESY COPY OF THEIR MOTION TO CONTINUE ORAL
ARGUMENT. FOURTH CIRCUIT COURT OF APPEAL CASE# 2017-KA-0789.
03/18/2019 AHERNJANET
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >STATE FILED A COURTESY COPY OF A FILING WITH THE FOURTH
CIRCUIT COURT OF APPEAL - STATE'S NOTICE OF COMPLIANCE WITH
THIS COURT'S REQUEST PERTAINING TO STATE'S TRIAL EXHIBIT 88.
03/28/2019 AHERNJANET
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >FOURTH CIRCUIT COURT OF APPEAL 2017-KA-0789 AFFIRMED.
05/22/2019 AHERNJANET
>DEFENDANT, CARDELL A HAYES DID NOT APPEAR FOR FILING(S) IN OPEN
COURT >CORRESPONDENCE RECEIVED FROM SUPREME COURT, STATE OF
LOUISIANA - ADVISING THAT THE DEFENDANT HAD FILED PLEADINGS IN
THAT COURT ON MAY 19, 2019.
03/13/2020 AHERNJANET
>SUPREME COURT STATE OF LOUISIANA NO. 2019-K-00808, WRIT
APPLICATION DENIED.
05/07/2020 ANDREWSA
>HEARING SET FOR 05/08/20
05/08/2020 ANDREWSA
>DEFENSE COUNSEL ERIC J. SANTANA FILED ON 4-24-20 VIA EMAIL ON
BEHALF OF DEFENDANT CARDELL HAYES (COVID 19, COURT CLOSED).
>DEFENSE FILED: >-MOTION TO ENROLL AS COUNSEL OF RECORD.
>-MOTION FOR NEW TRIAL.
>DEFENSE COUNSEL ERIC J. SANTANA AND ATTY. PLAISANCE CALLED INTO
CALLBRIDGE ON THIS DATE ON BEHALF OF DEFENDANT CARDELL HAYES.
ADA DAVID PIPES PRESENT ON THE CALL AND FILED STATES OPPOSITION
TO THE DEFENDANT'S MOTION FOR NEW TRIAL. >HEARING SET FOR
05/15/20 (STATES BRIEF) >HEARING SET FOR 06/02/20 (DEFENSE
BRIEF) >HEARING SET FOR 06/09/20 (ARGUMENT)
05/15/2020 ANDREWSA
>DEFENSE COUNSEL ERIC J. SANTANA APPEARED WITHOUT DEFENDANT,
DEFENDANT, CARDELL A HAYES, VIA CALLBRIDGE COVID 19. ADA DAVID
PIPES PRESENT. DEFENSE COUNSEL WITHDREW MOTION FOR NEW TRIAL
(WRITTEN MOTION TO WITHDRAW TO BE FILED/EMAILED). >CONTINUED
WITHOUT DATE.
06/02/2020 ANDREWSA
>CONTINUED WITHOUT DATE.
06/09/2020 FISHERT
CLERK'S OFFICE RECEIVED MOTION TO ENROLL(ERIC J.SANTANA)
CLERK'S OFFICE RECEIVED MOTION TO WITHDRAW MOTION FOR NEW TRIAL.
CLERK'S OFFICE RECEIVED MOTION FOR NEW TRIAL.YN
07/28/2020 AHERNJANET
>COURT RECEIVED NOTICE THAT DEFENDANT FILED WRIT OF CERTIORARI
WITH THE SUPREMENT OF THE UNIITED STATES, NO. 20-5123.
01/11/2021 AHERNJANET
>UNITED STATES SUPREME COURT NO. 2020-5123 - ORDER ISSUED THIS
DATE - THE MOTION OF PETITIONER FOR LEAVE TO PROCEED IN FORMA
PAUPERIS >AND THE PETITION FOR WRIT OF CERTIORARI ARE GRANTED.
THE JUDGMENT IS VACATED, AND THE CASE IS REMANDED TO THE COURT
OF APPEAL OF LOUISIANA, FOURTH CIRCUIT FOR FURTHER CONSIDERATION
IN LIGHT OF RAMOS V. LOUISIANA, 590 U.S.___(2020).
01/12/2021 ANDREWSA
>FILING DATED 6-9-20, MOTION TO WITHDRAW MOTION FOR NEW TRIAL
FILED BY ATTORNEY ERIC J. SANTANA (IN RECORD).
02/25/2021 FISHERT
CLERK'S OFFCIE RECEIVED MOTION TO SET A BOND.
>DEFENSE COUNSEL JOHN FULLER/ERIC SANTANA FILED ON BEHALF OF
DEFENDANT, CARDELL A HAYES. MOTION TO SET BOND. FOURTH CIRCUIT
OPINION 2017-KA-0789, CONVICTION AND SENTENCE VACATED AND CASE
REMANDED TO TRIAL COURT. >BOND HEARING SET FOR 03/04/21 >NOTIFY
DEF.COUNSEL. >PDOJL
03/04/2021 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR STATUS HEARING WITH
BOND HEARING VIA ZOOM, WITH COUNSELS, JOHN FULLER AND ERIC
SANTANA. THE COURT ASKED THE STATE TO DECLARE ON THE RECORD
WHETHER THEY INTENDED TO PROCEED WITH THE ORIGINAL INDICTED
CHARGES OF SECOND DEGREE MURDER AND ATTEMPTED SECOND DEGREE
MURDER OR THE CHARGES OF MANSLAUGHTER AND ATTEMPTED
MANSLAUGHTER. THE STATE DECLARED THAT THEY ARE PROCEEDING WITH
MANSLAUGHTER AND ATTEMPTED MANSLAUGHTER AT THIS TIME AND THAT
BOND SHOULD BE SET ON THE CHARGES OF MANSLAUGHTER AND ATTEMPTED
MANSLAUGHTER. STATE AND DEFENSE MADE ARGUMENT ON THE BOND
MOTION WITH THE STATE CALLING RAQUEL SMITH TO TESTIFY AS TO
BOND. THE COURT TOOK THIS MATTER UNDER ADVISEMENT AND WILL RULE
ON BOND AMOUNT MARCH 16, 2021. >RULING SET FOR 03/16/21 >SEND
NOTICE TO DEFENSE COUNSELS, JOHN FULLER AND ERIC SANTANA.
>PDOJL
03/15/2021 ANDREWSA
>THE STATE AND DEFENSE REQUESTED THAT THE BOND HEARING IN THIS
MATTER BE RESET TO MARCH 18,2021. THE COURT GRANTED JOINT
CONTINUANCE. >BOND HEARING SET FOR 03/18/21 >NOTIFY
DEF.COUNSEL. >PDOJL
03/18/2021 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR BOND HEARING WITH
BOND HEARING WITH COUNSELS JOHN FULLER,ERIC SANTANA AND JAY
DANIELS. DEFENDANT APPEARED VIA ZOOM FROM HUNT. ASSISTANT
DISTRICT ATTORNEY BOB WHITE PRESENT. MS.D.LAWSON PRESENT VIA
ZOOM FROM PRE TRIAL SERVICES. BOND SET @ $225,000.00 BAIL ORDER
# 030032 COUNT 3 BOND SET @ $50,000.00 AND COUNT 4 BOND SET @
$175,000.00 MS. KEISHA BOUIE WILL BE CASE MANAGER ASSIGNED WITH
UPDATES PROVIDED TO THE COURT. BOND CONDITIONS ORDERED IF THE
DEFENDANT POST BOND, CONDITIONS ARE AS FOLLOWS: HOUSE ARREST
(UNLESS AT CHURCH, ATTY.APPOINTMENTS,EMPLOYMENT MUST BE CLEARED
AND APPROVED BY PRE TRIAL SERVICES AND THE COURT) NO CONTACT
WITH VICTIMS FAMILY, STAY AWAY ORDER IN PLACE. NO OUT OF STATE
TRAVEL. WEEKLY DRUG TESTING ORDERED. >PRE-TRIAL CONFERENCE SET
FOR 04/20/21 >TRIAL SET FOR 07/12/21 >SEND NOTICES. >SEND
NOTICE TO DEFENSE COUNSELS. >THE DEFENDANT WAS NOTIFIED IN
COURT VIA ZOOM. >PLACE THE DEFENDANT ON THE JAIL LIST IF STILL
IN JAIL.
03/31/2021 SHANKLINL
FILED 2 SURETY BONDS $225,000 DATE OF BONDS: 03/18/21
SURETY: PALMETTO SURETY
04/20/2021 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
CONFERENCE WITH COUNSEL, ERIC SANTANA MS. KEISHA BOUIE AND
DEANNA LAWSON PRESENT FROM PRE TRIAL SERVICES, ALL DRUG TEST
ARE NEGATIVE AND DEFENDANT IS COMPLYING. >TRIAL SET FOR
07/12/21 (TRIAL DATE IS MOVED BY 1 DAY) >PRE-TRIAL CONFERENCE
SET FOR 06/09/21 >NOTIFY DEF.COUNSEL. >THE DEFENDANT WAS
NOTIFIED VIA ZOOM.
06/09/2021 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
CONFERENCE WITH COUNSEL, JAMES MOEFFETT DEFENDANT APPEARED VIA
ZOOM. ADA MATT DERBES PRESENT FOR THE STATE. >PRE-TRIAL
CONFERENCE SET FOR 09/21/21 >TRIAL SET FOR 10/18/21 >SEND
NOTICES. >NOTIFY DEFENDANT. >NOTIFY DEF.COUNSEL. >THE DEFENDANT
WAS NOTIFIED VIA ZOOM, HOWEVER THE DEFENDANT WILL APPEAR @ CDC
SECTION "H" FOR SUBPOENA SERVICE.
09/21/2021 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
CONFERENCE WITH COUNSEL, JOHN FULLER DEFENDANT APPEARED VIA
ZOOM SO DID CASE MANAGER KEISHA BOUIE. ADA MATTHEW DERBES
PRESENT FOR THE STATE. MATTHEW DERBES FOR THE STATE FILED
MOTION FOR DISCOVERY AND ALSO STATED THAT THE DA FILE WILL BE
OPEN DISCOVERY FOR THE DEFENSE. CASE MANAGER BOUIE ADVISED THE
COURT THAT THE DEFENDANT IS IN COMPLIANCE WITH PRE TRIAL
CONDITIONS. STATE ANNOUNCED THAT THEY WILL BE READY FOR TRIAL
10-18-21, HOWEVER, DEFENSE ADVISED THAT DEFENSE WOULD BE MOVING
FOR A CONTINUANCE. THE COURT SET THIS CASE FOR PRE TRIAL
10-6-21 TO DETERMINE WHETHER THE TRIAL WILL PROCEED 10-18-21.
>PRE-TRIAL CONFERENCE SET FOR 10/06/21 >NOTIFY DEFENDANT.
>NOTIFY DEF.COUNSEL. >THE DEFENDANT WAS NOTIFIED VIA ZOOM.
09/22/2021 FISHERT
CLERK'S OFFICE RECEIVED STATE'S ANSWER TO MOTIONS FOR DISCOVERY
INSPECTION AND BILL OF PARTICULARS AND STATE'S MOTION FOR
DISCOVERY AND OTHER PRETRIAL NOTICES.
10/06/2021 ANDREWSA
>DEFENDANT, CARDELL A HAYES APPEARED WITH COUNSEL, JOHN FULLER
FOR PRE-TRIAL CONFERENCE DEFENDANT APPEARED VIA ZOOM AND WILL
APPEAR IN COURT FOR SUBPOENA SERVICE. ADA MATT DERBES PRESENT
FOR THE STATE. >CONTINUED ON JOINT MOTION. ALL CONDITIONS
REMAIN IN PLACE AS PER JUDGE BURAS. NO EMPLOYMENT ALLOWED.
>TRIAL SET FOR 04/04/22 >SEND NOTICES. >NOTIFY DEFENDANT.
>NOTIFY DEF.COUNSEL. *******************REMOVE 10-18-21 TRIAL
DATE******************
12/20/2021 FISHERT
CLERK'S OFFICE RECEIVED MOTION FOR CHANGE OF VENUE BASED UNPON
PRETRIAL PUBLICITY.
01/19/2022 FISHERT
CLERK'S OFFICE RECEIVED NOTICE OF INTENT TO USE INCULPATORY
STATEMENT;MOTION AND ORDER TO RELEASE EVIDENCE FOR EXAMINATION.
HEARING ON MOTION TO CHANGE VENUE. NOTIFY DEFENSE COUNSEL.
NOTIFY DEFENDANT. >HEARING SET FOR 01/31/22
01/26/2022 ANDREWSA
>DEFENSE COUNSEL SARAH CHERVINSKY APPEARED WITHOUT DEFENDANT,
CARDELL A HAYES FOR FILING(S) IN OPEN COURT >DEFENSE FILED:
>DEFENSE OPPOSITION TO STATE'S MOTION FOR CHANGE OF VENUE.
>-MOTION TO ENROLL AS COUNSEL OF RECORD.
01/31/2022 FISHERT
CLERK'S OFFICE RECEIVED STATE'S ANSWER TO MOTIONS FOR DISCOVERY
INSPECTION AND BILL OF PARTICULARS AND STATE'S MOTION FORQDISCOVE
RY AND OTHER PRETRIAL.
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR HEARING WITH
COUNSEL, SARAH CHERVINSKY THE DEFENDANT APPEARED VIA ZOOM. ADA
MATT DERBES PRESENT FOR THE STATE AND FILED SA-EXHIBIT PACKET
THE COURT DENIED THE STATE'S MOTION TO CHANGE VENUE. THE STATE
WAS GIVEN TEST RESULTS, MS. K. BOUIE ALSO PRESENT VIA ZOOM AND
HAS ADDRESSED TEST RESULTS WITH DEFENDANT. STATE FILED
INSTANTERS THAT THEY WILL SERVE FOR TRIAL DATE OF 4-4-22.
>PRE-TRIAL CONFERENCE SET FOR 03/10/22 >NOTIFY DEF.COUNSEL.
>THE DEFENDANT WAS NOTIFIED VIA ZOOM.
02/16/2022 SHANKLINL
AS PER-ORDERED BY MINUTE CLERK MOTION TO CONTINUE DEFENSE.
>DEFENSE COUNSEL SARAH CHERVINSKY APPEARED WITHOUT DEFENDANT,
DEFENDANT, CARDELL A HAYES, ON 2-15-22. DEFENSE FILED MOTION TO
CONTINUE. >THIS CASE IS SET FOR A MOTION TO CONTINUE ON
2-17-22.
02/17/2022 ANDREWSA
>DEFENSE COUNSEL SARAH CHERVINSKY APPEARED WITHOUT DEFENDANT,
DEFENDANT, CARDELL A HAYES. >PRESENCE OF DEFENDANT WAIVED.
DEFENSE MOTION FOR CONTINUANCE IS GRANTED. ADA MATT DERBES
PRESENT FOR THE STATE. >PRE-TRIAL CONFERENCE SET FOR 04/04/22
>NOTIFY DEFENDANT. >NOTIFY DEF.COUNSEL. **************REMOVE
3-10-22 DATE****************************** CONVERT 4-4-22 DATE
FROM TRIAL TO PRE TRIAL******************
04/04/2022 ANDREWSA
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
CONFERENCE WITH COUNSEL, JOHN FULLER DEFENDANT APPEARED VIA
ZOOM.ADA MATT DERBES PRESENT FOR THE STATE PRE TRIAL REPORT
REC'D, DEFENDANT IS COMPLYING. >PRE-TRIAL CONFERENCE SET FOR
06/23/22 >TRIAL SET FOR 08/22/22 >SEND NOTICES. >NOTIFY
DEF.COUNSEL. >THE DEFENDANT WAS NOTIFIED VIA ZOOM.
04/06/2022 ANDREWSA
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT, CARDELL
CARDELL A HAYES,DEFENDANT DID NOT APPEAR. ADA MATT DERBES
PRESENT AND REQUESTED A NEW DATE. >CONTINUED ON STATE MOTION
>TRIAL SET FOR 09/19/22 >SEND NOTICES. >NOTIFY DEFENDANT.
>NOTIFY DEF.COUNSEL. ****************REMOVE 8-22-22 TRIAL
DATE***********************
06/23/2022 EHLEG
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
CONFERENCE WITH COUNSEL, KEN BARNES DEFENDANT APPEARED VIA
ZOOM. >PRE-TRIAL CONFERENCE SET FOR 06/29/22 >NOTIFY
DEF.COUNSEL. >DNOC.
06/29/2022 EHLEG
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL VIA ZOOM
FOR PRE-TRIAL CONFERENCE WITH COUNSEL KEVIN KELLY. >PRE-TRIAL
CONFERENCE SET FOR 07/25/22 >NOTIFY DEF.COUNSEL. >THE DEFENDANT
WAS NOTIFIED IN COURT VIA ZOOM.
07/25/2022 EHLEG
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
CONFERENCE WITH COUNSEL, KENNETH WOODS DEFENDANT APPEARED VIA
ZOOM. MATT DERBES WAS PRESENT ON BEHALF OF THE STATE. TRIAL
DATE IS ALREADY IN THE SYSTEM.
08/24/2022 SHANKLINL
AS PER-ORDERED BY THE COURT PRETRIAL CONFERENCE SET FOR
08/25/22.
08/25/2022 FISHERT
CLERK'S OFFICE RECEIVED MOTION FOR A DAUBERT HEARING AND
LIMITATION OF TESTIMONY MOTION TO RELEASE AUDIO OF DEFENDANT'S
TESTIMONY FOR USE AT TRIAL MOTION FOR JURY TO VIEW CRIMINE
SCENE.
>DEFENSE COUNSEL JOHN FULLER APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR PRE-TRIAL CONFERENCE THE STATE FILED THE FOLLOWING
MOTIONS: -MOTION FOR JURY TO VIEW CRIME SCENE- COURT GRANTED
THE MOTION. -MOTION TO RELEASE AUDIO OF DEFENDANT'S TESTIMONY
FOR USE AT TRIAL- COURT DENIED MOTION. -MOTION FOR DAUBERT
HEARING- NO RULING - HELD OPEN BY COURT. >CONTINUED ON STATE
MOTION >PRE-TRIAL CONFERENCE SET FOR 09/19/22 >NOTIFY
DEFENDANT. >NOTIFY DEF.COUNSEL.
09/19/2022 EHLEG
>THE DEFENDANT, CARDELL A HAYES, APPEARED (VIA ZOOM) BEFORE THE
COURT FOR PRE-TRIAL CONFERENCE WITH COUNSEL, JOHN FULLER AND
SARAH CHERVINSKY. MATTHEW DERBES REPRESENTED THE STATE. COURT
HAD SIDEBAR WITH THE STATE AND DEFENSE COUNSEL. >TRIAL SET FOR
03/06/23 >SEND NOTICES. >NOTIFY DEF.COUNSEL. >DNOC.
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR FILING(S) IN OPEN
PRE-TRIAL CONFERENCE WITH COUNSEL JOHN FULLER AND SARAH
CHERVINSKY. THE DEFENDANT APPEARED VIA ZOOM. MATTHEW DERBES WAS
PRESENT FOR THE STATE. COURT HAD SIDE-BAR WITH THE STATE AND
DEFENSE COUNSEL. >PRE-TRIAL CONFERENCE SET FOR 09/20/22 >TRIAL
SET FOR 03/06/23 >NOTIFY DEF.COUNSEL. >DNOC.
09/20/2022 EHLEG
>DEFENSE COUNSEL JOHN FULLER APPEARED ON BEHALF OF DEFENDANT,
CARDELL A HAYES FOR PRE-TRIAL CONFERENCE MATTHEW DERBES
APPEARED ON BEHALF OF THE STATE OF LOUISIANA. BOTH STATE AND
DEFENSE ASKED THAT THE CONTINUANCE OF THE SEPTEMBER 19 TRIAL
DATE BE CONVERTED TO A JOINT CONTINUANCE. THE DEFENSE
STIPULATED WITH THE STATE THAT THE DEFENSE WILL NOT CONTEST
THAT THIS TRIAL DATE IS OUTSIDE OF THE ONE YEAR PERIOD. THE
DEFENSE PLACED ON RECORD THAT THIS DATE IS THE SOONEST THAT
THEY WILL BE AVAILABLE FOR TRIAL. >TRIAL SET FOR 03/06/23 >SEND
NOTICES. >NOTIFY DEFENDANT. >NOTIFY DEF.COUNSEL.
01/26/2023 EHLEG
>DEFENSE COUNSEL JOHN FULLER/S. CHERVINSKY APPEARED WITHOUT
DEFENDANT, CARDELL A HAYES, IN OPEN COURT; MATTHEW DERBES WAS
PRESENT FOR THE STATE. >PRE-TRIAL CONFERENCE SET FOR 02/15/23
>NOTIFY DEFENDANT. >NOTIFY DEF.COUNSEL.
02/15/2023 FISHERT
CLERK'S OFFICE RECEIVED MOTION TO CONTINUE TRIAL.
>DEFENSE COUNSEL SARAH CHERVINSKY APPEARED ON BEHALF OF THE
DEFENDANT, CARDELL A HAYES FOR PRE-TRIAL CONFERENCE MATTHEW
DERBES REPRESENTED THE STATE. PRE-TRIAL SERVICES REPORT STATES
MR. HAYES HAS MAINTAINED CONTACT ON A WEEKLY BASIS AS REQUIRED.
ALL RECENT DRUG SCREENINGS HAVE BEEN NEGATIVE. DEFENSE FILED
MOTION TO CONTINUE TRIAL. THE COURT GRANTED THE MOTION. THE
STATE OBJECTED. >PRESENCE OF DEFENDANT WAIVED. >PRE-TRIAL
CONFERENCE SET FOR 03/06/23 IN SECTION H . PLEASE REMOVE TRIAL
DATE OF 03/06/23 AND CONVERT IT TO PRE-TRIAL CONFERENCE ON SAME
DATE. >NOTIFY DEFENDANT. >NOTIFY DEF.COUNSEL.
03/06/2023 EHLEG
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
CONFERENCE WITH COUNSEL, JOHN FULLER/S. CHERVINSKY CONSTANCE
TULLIER WAS PRESENT FOR THE STATE. >TRIAL SET FOR 09/18/23 IN
SECTION H . >SEND NOTICES. >NOTIFY DEF.COUNSEL. >DNOC.
08/10/2023 EHLEG
DEFENSE COUNSEL SARAH CHERVINSKY APPEARED IN COURT FOR THE
DEFENDANT, CARDELL A HAYES, FOR FILING(S) IN OPEN COURT;
>DEFENDANT DID NOT APPEAR. DEFENSE COUNSEL FILED 3 PETITIONS
FOR CERTIFICATION OF MATERIALITY OF WITNESS; AND TO SECURE
ATTENDANCE OF WITNESS >PURSUANT TO THE UNIFORM ACT TO SECURE
ATTENDANCE OF WITNESSES FROM ANOTHER STATE. THE COURT SIGNED
THE ORDERS. TRIAL HAS PREVIOUSLY BEEN SET FOR 09/18/23.
09/18/2023 EHLEG
>DEFENDANT, CARDELL A HAYES APPEARED WITH COUNSEL, JOHN FULLER
AND SARAH CHERVINSKY, FOR TRIAL. ADA MATTHEW DERBES WAS PRESENT
FOR THE STATE. ON JOINT MOTION BY THE STATE AND DEFENSE, THE
COURT GRANTED A CONTINUANCE. >AFTER AN IN CHAMBER CONFERENCE, A
PRE-TRIAL CONFERENCE WILL BE HELD ON SEPTEMBER 20, 2023.
>PRE-TRIAL CONFERENCE SET FOR 09/20/23 IN SECTION H . >NOTIFY
DEF.COUNSEL. >DNOC.
09/20/2023 EHLEG
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR PRE-TRIAL
PRE-TRIAL CONFERENCE WITH COUNSEL, JOHN FULLER AND COUNSEL SARAH
CHERVINSKY. DA JASON WILLIAMS AND ADA MATT DERBES WERE PRESENT
FOR THE STATE. >TRIAL SET FOR 02/05/24 IN SECTION H . >SEND
NOTICES. >NOTIFY DEF.COUNSEL. >DNOC.
09/26/2023 EHLEG
>THE STATE AND THE DEFENSE REQUESTED THAT THE TRIAL IN THIS MATTE
BE MOVED FROM 02/05/24 TO 01/22/24. **REMOVE TRIAL DATE OF
02/05/24 FROM THE DOCKET** >TRIAL SET FOR 01/22/24 IN SECTION H
. >SEND NOTICES. >NOTIFY DEFENDANT. >NOTIFY DEF.COUNSEL.
10/04/2023 FISHERT
CLERK'S OFFICE RECEIVED MOTION AND ORDER TO TRANSFER EVIDENCE TO
THE NEW ORLEANS POLICE DEPARTMENT CENTRAL EVIDENCE AND PROPERTY
ROOM FOR SEARCH WARRANT EXCUTION.
>ADA MATT DERBES APPEARED IN COURT WITH A MOTION AND ORDER TO
TRANSFER EVIDENCE TO THE NEW ORLEANS POLICE DEPARTMENT CENTRAL
EVIDENCE AND PROPERTY ROOM FOR SEARCH WARRANT EXECUTION. THE
COURT GRANTED THE MOTION.
11/28/2023 FISHERT
CLERK'S OFFICE RECEIVED PETITION FOR CERTIFICATION OF MATERIALITY
OF WITNESS AND SECURE ATTENDANCE OF WITNESSPURSUANT TO THE
UNIFORM ACT TO SECURE ATTENDANCE OF WITNESSESFROM ANOTHER STATE
(6)
01/04/2024 FISHERT
CLERK'S OFFICE RECEIVED MOTION FOR COURT TO WITHHOLD RELEASING
ALTERNATE JUROR FROM SERVICE AND REQUEST FOR SPECIAL JURY CHARGE
MOTION IN LIMINE TO RESTRICT IMPERMISSIBLE CHARACTER ATTACKS ON
THE VICTIM.
01/08/2024 EHLEG
>STATE FILED INSTANTER SUBPOENAS WITH THE COURT ON JANUARY 4, 202
COPIES ARE PLACED IN THE RECORD. DEFENSE REQUESTED ZOOM
CONFERENCES WITH THE STATE AND COURT WHICH TOOK PLACE ON
JANUARY 3 AND JANUARY 4 REGARDING UNAVAILABILITY OF DETETECTIVE
BRUEGGEMAN. >PRE-TRIAL CONFERENCE SET FOR 01/11/24 IN SECTION H
. >SEND NOTICE TO DEFENDANT. >NOTIFY DEF.COUNSEL.
01/11/2024 EHLEG
>DEFENSE COUNSEL JOHN FULLER IS IN A JURY TRIAL AND HAS ASKED FOR
A CONTINUANCE ON PRE-TRIAL CONFERENCE; DEFENDANT >CONTINUED ON
DEFENSE MOTION. KEISHA BOUIE OF PRETRIAL SERVICES WAS PRESENT
IN COURT. >PRE-TRIAL CONFERENCE SET FOR 01/16/24 IN SECTION H .
>NOTIFY DEFENDANT. >NOTIFY DEF.COUNSEL.
01/12/2024 FISHERT
CLERK'S OFFICE RECEIVED DEFENSE OPPOSITION TO STATE'S MOTION IN
LIMINE TO EXCLUDE EVIDENCE OF VICTIM'S DANGEROUS CHARACTER.
01/16/2024 EHLEG
>THIS CASE HAS BEEN RESET DUE TO COURT CLOSURE DUE TO ICE/FREEZE
CLOSURE OF BUILDING. >THE COURT RESET THIS PRE TRIAL CONFERENCE
TO 01/17/24.
01/17/2024 FISHERT
CLERK'S OFFICE RECEIVED MOTION TO QUASH INDICTMENT MOTION TO
PRECLIDE TESTIMINY OF CERTAIN STATE WITHESSES,MOTION TO
INTRODUCE SUMMARIES OF EXCULPATORY WITNESS STATEMENTS;MOTION FOR
SPECIAL JURY INSTRUCTION REGARDING MISSING EVIDENCE;APPLICATION
FOR SUBPOENA DUCES TECUM.
>DEFENSE COUNSEL JOHN FULLER/S. CHERVINSKY APPEARED WITHOUT
DEFENDANT, CARDELL A HAYES FOR PRE-TRIAL CONFERENCE >PRESENCE
OF DEFENDANT WAIVED. DEFENSE MOTION TO QUASH INDICTMENT IS
DENIED. DEFENSE MOTION TO PRECLUDE TESTIMONY OF CERTAIN STATE
WITNESSES IS DENIED. DEFENSE MOTION TO INTRODUCE SUMMARIES OF
WITNESS STATEMENTS WILL BE RULED ON AT TRIAL. DEFENSE MOTION
FOR SPECIAL JURY INSTRUCTIONS REGARDING MISSING EVIDENCE IS
UNDER ADVISEMENT. STATE'S MOTION IN LIMINE TO RESTRICT
IMPERMISSIBLE CHARACTER >ATTACKS ON THE VICTIM IS GRANTED.
STATE'S MOTION FOR COURT TO WITHHOLD RELEASING ALTERNATE JURORS
IS GRANTED. STATE'S MOTION FOR SPECIAL JURY CHARGE IS UNDER
ADVISEMENT. DEFENSE APPLICATION FOR SDT TO NOPD IS GRANTED.
01/22/2024 SHANKLINL
AS PER-ORDERED BY THE COURT TRIAL RESET FOR 01/23/24.
DNOC.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and SARAH CHERVINSKY >DEFENDANT ELECTED TRIAL BY JURY.
>JASON WILLIAMS and MATT DERBES/CONSTANCE TULLIER REPRESENTED THE
STATE. >TRIAL CONTINUED TO 01/23/24 IN SECTION H . >SEND
NOTICES. >NOTIFY DEF.COUNSEL. >DNOC.
01/23/2024 SHANKLINL
AS PER-ORDERED BY THE COURT TRIAL RESET FOR 01/24/24. DNOC.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and SARAH CHERVINSKY >JASON WILLIAMS and MATT DERBES
CTULLIER REPRESENTED THE STATE. STATE. >TRIAL CONTINUED FROM
01/22/24 THE COURT WAS CONTACTED BY ALTERNATE JUROR #2(CB
#590356) WHO RELATED THAT SHE WAS NOT WELL AND THEN RELATED
THAT HER APARTMENT WAS FLOODED DUE TO A COLLAPSED CEILING.
COURT CALLED THE JUROR WHILE COUNSEL FOR THE STATE AND DEFENSE
WERE PRESENT. THE STATE AND DEFENSE CONSENTED TO THE ALTERNATE
BEING REMOVED. THE COURT CALLED FOR ADDITIONAL JURORS IN THE
VENIRE TO SELECT ADDITIONAL ALTERNATES DUE TO THE PROJECTED
LENGTH OF THIS TRIAL AND THAT ADDITIONAL ALTERNATES WERE
REQUIRED. DEFENSE OBJECTION WAS NOTED FOR THE RECORD. NOTING
FOR THE RECORD THAT OPENING STATEMENTS HAD NOT BEEN MADE NOR
HAD ANY WITNESS BEEN SWORN. PRIOR TO THE JURY COMING TO COURT,
PRE-TRIAL MOTIONS WERE HEARD OUTSIDE OF THE PRESENCE OF THE
JURY. STATE MOVED FOR INTRODUCTION OF MEDICAL RECORDS OF R.S.
UNDER CE.902.11 AS SELF ADMITTING. NO OBJECTION BY DEFENSE.
STATE PLACED ON RECORD THE STATUS OF THEIR EFFORTS REGARDING THE
MISSING AUDIO/VIDEO TAPED STATEMENTS OF FOUR WITNESSES(R.H., J.G.
J.R., R.S.) COURT RULED THAT DEFENSE WOULD BE PERMITTED TO
INTRODUCED WRITTEN SUMMARIES OF THESE WITNESSES AND WOULD BE
ALLOWED TO QUESTION WITNESSES ABOUT CHAIN OF CUSTODY ON MISSING
EVIDENCE. DEFENSE WITHDREW THEIR MOTION FOR CONTINUANCE BASED
ON THE ABSENCE OF DETECTIVE BRUCE BRUGGERMAN. JURY SELECTION
BEGAN AT 11:00AM >THESE JURORS WERE SELECTED >ALT 2 -940457,
ALT 3 - 159518, ALT 4 - 1729392 >STATE WITNESSES: >STATE
EVIDENCE: S 01 S 02 S 03 S 04 S 05 S 06 >DEFENSE EVIDENCE: D 01
>TRIAL CONTINUED TO 01/24/24 IN SECTION H .
>***THIS IS A SUPPLEMENTAL MINUTE ENTRY****** STATE PRESENTED
AND FILED THE FOLLOWING EXHIBITS: S7- FIREARM- HAYES >S8-
MAGAZINE-HAYES S9- LIVE ROUND- HAYES
01/24/2024 SHANKLINL
AS PER-ORDERED BY THE COURT TRIAL RESET FOR 01/25/24. DNOC.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and SARAH CHERVINSKY >JASON WILLIAMS, MATT DERBES AND
CONSTANCE TULLIER REPRESENTED TH STATE. >TRIAL CONTINUED FROM
01/23/24 >STATE WITNESSES: >STATE EVIDENCE: S 10 S 11 S 12 S 13
S 14 S 15 S 16 >DEFENSE EVIDENCE: D 02 D 03 D 04 D 05 D 06
>TRIAL CONTINUED TO 01/25/24 IN SECTION H . >NOTIFY
DEF.COUNSEL. >DNOC.
>***SUPPLEMENTAL MINUTE ENTRY*** DEFENSE PRESENTED AND FILED
THE FOLLOWING EXHIBIT: D7- RESTAURANT RECEIPT
01/25/2024 SHANKLINL
AS PER-ORDERED BY THE COURT TRIAL RESET FOR 01/26, 29, 2024.
DNOC.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and SARAH CHERVINSKY >JASON WILLIAMS,MATT DERBES
CONSTANCE TULLIER REPRESENTED THE STATE. >TRIAL CONTINUED FROM
01/24/24 >STATE WITNESSES: >STATE EVIDENCE: S 17 S 18 S 19 S 20
S 21 S 22 S 23 S 24 S 25/A S 26 S 27/A S 28 S 29 S 30 S 31
>DEFENSE WITNESSES: >DEFENSE EVIDENCE: D 08 D 09 D 10 D 11
>TRIAL CONTINUED TO 01/25/24 IN SECTION H . >SEND NOTICES.
>NOTIFY DEF.COUNSEL. >DNOC.
>***THIS IS A SUPPLEMENTAL MINUTE ENTRY**** STATE FILED AND
PRESENTED THE FOLLOWING EXHIBIT: S32- ACOSTA BALLISTIC REPORT
01/26/2024 SHANKLINL
CLERK'S OFFICE RECEIVED MOTION FOR SPECIAL JURY INSTRUCTIONS.
>DEFENDANT, CARDELL A HAYES , APPEARED REPRESENTED BY JOHN
FULLER and SARAH CHERVINSKY >JASON WILLIAMS, MATT DERBES AND
CONSTANCE TULLIER REPRESENTED TH STATE. AT THE END OF DAY 4
(JANUARY 25) PROCEEDINGS, JUROR 4 ASKED TO SPEAK WITH THE
COURT. CHAMBERS CONFERENCE WAS HELD WITH DEFENDANT AND ALL
COUNSEL PRESENT AND COURT REPORTER. AFTER CONFERENCE ON THE
RECORD IN CHAMBERS, COURT REMOVED JUROR 4 FROM PANEL AND PLACED
ALTERNATE 1 ON THE JURY. DEFENSE OBJECTION NOTED AND PRESERVED
FOR THE RECORD. DEFENSE MOTION FOR MISTRIAL MADE AND WAS WAS
DENIED BY THE COURT. DEFENSE OBJECTION NOTED AND PRESERVED FOR
THE RECORD. >TRIAL CONTINUED FROM 01/25/24 >DEFENSE EVIDENCE: D
12 D 13 D 14 D 15 D 16 D 17 D 18 >JURY RETIRED TO DELIBERATE.
>JURY RETURNED. >JURY RETIRED TO DELIBERATE. >JURY RETURNED.
>JURY RETIRED TO DELIBERATE. >JURY RETURNED WITH VERDICT. >FOR
DEFENDANT CARDELL A HAYES >FOR 3 RS 14 (27)31 ATT MANSLAUGHTER
DEFENDANT FOUND NOT GUILTY BY JURY. >FOR 4 RS 14 31 DEFENDANT
FOUND GUILTY BY JURY. THIS VERDICT WAS UNANIMOUS. THE STATE AND
THE DEFENSE REVIEWED THE POLLING SLIPS ON COUNTS 1 AND 2. THE
DEFENSE REQUESTED AN ORAL POLLING OF THE JURY. COURT QUESTIONED
EACH JUROR AS TO THEIR VERDICT ON THE RECORD. DEFENDANT
REMANDED *** DO NOT RELEASE*** NO BOND REMAND*** POLLING SLIPS
AND PANEL SHEET PLACED UNDER SEAL. >SENTENCING SET FOR 03/27/24
IN SECTION H . >NOTIFY DEF.COUNSEL. >PDOJL
>***CLARIFYING MINUTE ENTRY ****** ON 01/26/24, DEFENSE MARKED
D 12 AS A PROFFER OF "FIREARMS TRACE REPORT" FROM ATF ON
FIREARM OF WILL SMITH. THE DEFENDANT, CARDELL A HAYES, APPEARED
BEFORE THE COURT FOR TRIAL WITH COUNSEL, JOHN FULLER/S.
CHERVINSKY. >DEFENDANT REMANDED TO CRIMINAL SHERIFF.
03/12/2024 FISHERT
CLERK'S OFFICE RECEIVED MOTION TO CONTINUE.
03/13/2024 EHLEG
>DEFENSE COUNSEL SARAH CHERVINSKY APPEARED ON BEHALF OF
DEFENDANT, CARDELL A HAYES,IN OPEN COURT; DEFENDANT DID NOT
APPEAR. >CONTINUED ON DEFENSE MOTION. **REMOVE DATE OF 03/27/24
FROM DOCKET***** >SENTENCING SET FOR 04/25/24 IN SECTION H .
>NOTIFY DEF.COUNSEL. >PDOJL
04/18/2024 FISHERT
CLERK'S OFFICE RECEIVED MOTION FOR POST VERDICT JUDGMENT OF
ACQUITTAL;MOTION TO ENROLL;MOTION FOR DOWNWARD DEPARTURE FROM THE
MANDATORY MINIMUM SENTENCE ESTABLISHED BY LA.C.CR.P.ART.3 MOTION
TO RECONSIDER RULING ON THE MOTION TO QUASH THE FIREARM
ENHANCEMENT'MOTION FOR NEW TRIAL;SENTENCING MEMORANDUM.
04/25/2024 EHLEG
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR SENTENCING WITH
COUNSEL, JOHN FULLER/S. CHERVINSKY DA JASON WILLIAMS, ADA
MATTHEW DERBES AND ADA CONSTANCE TULLIER PRESENT FOR THE STATE.
THE COURT GRANTED THE MOTION TO ENROLL ADDITIONAL COUNSEL. THE
STATE AND DEFENSE ARGUED THE FOLLWING MOTIONS: MOTION FOR POST
VERDICT JUDGMENT OF ACQUITTAL; MOTION FOR DOWNWARD DEPARTURE
FROM THE MANDATORY MINIMUM SENTENCE ESTABLISHED BY
LA.C.CR.P.ART.893.3; MOTION TO RECONSIDER RULING ON THE MOTION
TO QUASH THE FIREARM ENHANCEMENT; MOTION FOR NEW TRIAL; AFTER
ARGUMENT BY THE STATE AND DEFENSE, THE COURT DENIED EACH
MOTION. THE DEFENSE OBJECTED TO THE COURT'S RULINGS. THE
FOLLOWING WITNESSES WERE CALLED DURING THE SENTENCING HEARING:
THE STATE CALLED LISA SMITH. THE DEFENSE CALLED DAWN MUMPHREY,
GENIETRA MUMPHREY, GENESIS MUMPHREY, PASTOR SHATEK NOBLES AND
DEPUTY WARDEN PERRY STAGG. THE DEFENDANT WAIVED DELAYS FOR
SENTENCING. >SENTENCE: >AS TO COUNT 4, >25 YEARS, AT DOC AT
HARD LABOR. 20 YEARS TO BE SERVED IN ACCORDANCE WITH LA.
CR.C.P. ART.893.3 WITHOUT, BENEFIT OF PAROLE, PROBATION OR
SUSPENSION OF SENTENCE. >CONCURRENT WITH THESE COUNTS: ANY AND
ALL OTHER COUNTS >CONCURRENT WITH THESE CASES: ANY AND ALL
OTHER CASES. CASES. >INCLUDES A CRIME OF VIOLENCE. >THE
DEFENDANT IS GIVEN CREDIT FOR TIME SERVED FROM 4/9/16 -
INCLUDING THE TIME THE DEFENDANT SERVED ON HOME INCARCERATION
SHOULD DOC PERMIT THE CREDIT FOR HOME INCARCERATION. AFTER
SENTENCING THE STATE OBJECTED TO THE COURT GRANTING CREDIT FOR
TIME SERVED BASED UPON LA.C.CR.P.ART. 894.2. >DEFENDANT
REMANDED TO CRIMINAL SHERIFF. >CASE CLOSED, THIS DEFENDANT.
04/30/2024 FISHERT
CLERK'S OFFICE RECEIVED MOTION TO CORRECT ILLEGAL SENTENCE.
05/06/2024 EHLEG
>MOTION TO CORRECT ILLEGAL SENT SET FOR 05/08/24 IN SECTION H .
>NOTIFY DEF.COUNSEL. >PDOJL
05/07/2024 FISHERT
CLERK'S OFFICE RECEIVED MOTION TO WITHDRAW AS COUNSEL OF RECORD.
CLERK'S OFFICE RECEIVED MOTION TO DECLARE INDIGENT FOR PURPOSES
OF APPEAL MOTION FOR APPRAL AND DESIGNATION OF RECORD MOTION FOR
RECONSIDERATION OF SENTENCE.
>DEFENSE COUNSEL JANE HOGAN APPEARED ON BEHALF OF DEFENDANT,
CARDELL A HAYES FOR FILING(S) IN OPEN COURT THE DEFENSE WAIVED
THE PRESENCE OF THE DEFENDANT. >MATT DERBES WAS PRESENT FOR THE
STATE. COURT GRANTED DEFENSE COUNSEL SARAH CHERVINSKY'S MOTION
TO WITHDRAW AS COUNSEL OF RECORD. >MOTION TO CORRECT ILLEGAL
SENT SET FOR 06/10/24 IN SECTION H . >NOTIFY DEF.COUNSEL.
>PDOJL
06/07/2024 WASHINGTER
CLERK'S OFFICE RECEIVED MOTION TO TRANSPORT.
06/10/2024 EHLEG
>THE DEFENDANT, CARDELL A HAYES, APPEARED BEFORE THE COURT FOR
MOTION TO CORRECT ILLEGAL SENT WITH COUNSEL, JANE HOGAN. ADA
MATT DERBES WAS PRESENT FOR THE STATE. >CONTINUED ON STATE
MOTION THE COURT NOTED THE DEFENSE'S OBJECTION. >MOTION TO
CORRECT ILLEGAL SENT SET FOR 07/22/24 IN SECTION H . >PDOJL
06/28/2024 FISHERT
CLERK'S OFFICE RECEIVED SUPPLEMENTAL MEMORANDUM IN SUPPORT OF
MOTION TO DECLARE INDIGENT FOR PURPOSES OF APPEAL.
07/19/2024 FISHERT
CLERK'S OFFICE RECEIVED MOTION TO TRANSPORT.
07/22/2024 SHANKLINL
AS PER-ORDERED BY THE COURT MOTION TO RECONSIDER SENTENCE RESET
FOR 07/23/24. PDOJL.
>DUE TO CROWDSTRIKE SITE MALFUNCTION, THE DEFENDANT, CARDELL HAYE
WAS NOT TRANSPORTED TO APPEAR IN COURT FOR MOTION TO CORRECT
ILLEGAL SENTENCE. ADA MATT DERBES WAS PRESENT IN COURT. >ON
ORAL MOTION BY THE STATE, THE COURT GRANTED THE CONTINUANCE.
>MOTION TO CORRECT ILLEGAL SENT SET FOR 07/23/24 IN SECTION H .
07/23/2024 LEERY
LEARKNL STATUS SET FOR 10/02/24 IN SECTION H .
>THE DEFENDANT, CARDELL A HAYES APPEARED FOR RESENTENCING WITH
RESENTENCING WITH COUNSEL, JANE HOGAN. DEFENDANT APPEARED VIA
ZOOM. ADA MATT DERBES WAS PRESENT FOR THE STATE. VICTIM RACQUEL
SMITH WAS PRESENT VIA ZOOM. STATE MADE ARGUMENT ON MOTION TO
CORRECT ILLEGAL SENTENCE. STATE MARKED AS STATE'S EXHIBIT 1
VICTIM IMPACT LETTER. DEFENSE OBJECTED TO VICTIM IMPACT LETTER
BEING INTRODUCED. COURT GRANTED VICTIM IMPACT AND GRANTED
STATE'S MOTION TO CORRECT ILLEGAL SENTENCE. >CARDELL A HAYES
DEFENDANT WAIVED DELAYS. >SENTENCE: >AS TO COUNT 4, >22 YEARS, C
2 MONTHS, AT DOC AT HARD LABOR. 20 YEARS TO BE SERVED IN
ACCORDANCE WITH LA.CR.C.P. ART. 893.3 WITHOUT BENEFIT OF
PAROLE, PROBATION OR SUSPENSION OF SENTENCE >CONCURRENT WITH
THESE COUNTS: ANY AND ALL OTHER COUNTS >CONCURRENT WITH THESE
CASES: ANY AND ALL OTHER CASES A CRIME OF VIOLENCE IS INCLUDED
IN THE CHARGES. >CREDIT FOR TIME SERVED FROM 04/09/16 DEFENSE
MADE ARGUMENT ON MOTION TO RECONSIDER SENTENCE. ADA DERBES MADE
ARGUMENTS ON BEHALF OF STATE. COURT DENIED DEFENSE MOTION TO
RECONSIDER SENTENCE. DEFENSE NOTED OBJECTION. DEFENSE MADE
ARGUMENT ON MOTION TO DECLARE INDIGENCY. >COURT DENIED MOTION.
DEFENSE NOTED OBJECTION AND INTENT TO SEEK WRITS. WRITS DUE BY
DEFENSE 08/22/24.
CLERK'S OFFICE SERVED NOTICE OF APPEAL IN ACCORDANCE WITH THE LA
CCRP ART. 915(B) 7/29/2024
08/21/2024 EHLEG
>COURT RECEIVED DEFENSE'S NOTICE OF INTENT TO SEEK SUPERVISORY
WRITS. COURT SIGNED THE ORDER.
09/03/2024 EHLEG
>FOURTH CIRCUIT COURT OF APPEAL, NO 2024-K-0529, "WRIT DENIED".
THE DEFENSE SOUGHT REVIEW OF THE TRIAL COURT'S DENIAL OF
INDIGENCY. >TRIAL COURT AFFIRMED.
09/16/2024 AHERNJANET
>COURT RECEIVED NOTICE FROM LOUISIANA SUPREME COURT - PLEADINGS
FILED BY THE DEFENDANT ON SEPTEMBER 10, 2024 AND ASSIGNED CASE
NO. 2024-KK-01118.
09/17/2024 AHERNJANET
>COURT RECEIVED COPY OF DEFENDANT'S ORIGINIAL APPLICATION FOR
SUPERVISORY WRITS FILED WITH SUPREME COURT, STATE OF LOUISIANA
NO. 2024-KK-01118.
10/02/2024 EHLEG
>APPEAL STATUS SET FOR 11/04/24 IN SECTION H .
11/04/2024 EHLEG
>4TH CIRCUIT COURT OF APPEAL GRANTED THE MOTION FOR EXTENSION OF
TIME OF ORIGINAL RETURN DATE. TRANSCRIPT IS DUE 12/04/24.
>APPEAL STATUS SET FOR 12/04/24 IN SECTION H . >PDOJL
11/08/2024 AHERNJANET
>THE COURT SUBMITTED THE PER CURIAM VIA HAND DELIVERY AND EMAIL
TO THE LOUISIANA SUPREME COURT NO. 2024-KK 1118. COPY EMAILED
TO COUNSEL OF RECORD.
12/02/2024 EHLEG
>SUPREME COURT, STATE OF LOUISIANA CASE NO. 2024-KK-01118, WRIT
APPLICATION DENIED.
12/04/2024 EHLEG
>DEFENSE COUNSEL JANE HOGAN APPEARED WITHOUT DEFENDANT, CARDELL
A HAYES FOR APPEAL STATUS >DEFENDANT IN CUSTODY AND NOT BROUGHT
INTO COURT. REQUEST BY COURT REPORTER FOR EXTENSION OF ORIGINAL
RETURN DATE WAS GRANTED AND SIGNED BY THE COURT. >APPEAL STATUS
SET FOR 01/06/25 IN SECTION H . >NOTIFY DEF.COUNSEL.
12/16/2024 EHLEG
>ALL TRANSCRIPTS WERE FILED ON DECEMBER 13, 2024.
>AS ALL TRANSCRIPTS HAVE BEEN SUBMITTED TO THE CLERKS OFFICE
THE APPEAL STATUS SET FOR 1/6/2025 IS MOOT. >PLEASE REMOVE THAT
DATE FROM THE DOCKET.
01/27/2025 AHERNJANET
>FOURTH CIRCUIT COURT OF APPEAL NO. 2024-KA-0820. ORDER -
MOTION TO SUPPLEMENT THE RECORD IS GRANTED. DISTRICT COURT TO
SUPPLEMENT THE RECORD WITH THE TRANSCRIPT OF THE >HEARING HELD
ON 1/17/24. TRANSCRIPT DUE BY 2/11/25. BRIEFING SCHEDULES ARE
SUSPENDED PENDING THE SUPPLEMENTATION OF THE RECORD WITH THE
ABOVE REFERENCED TRANSCRIPT.
02/07/2025 AHERNJANET
>COURT REPORT ASHLEY SCHULTZ REQUESTED EXTENSTION OF TIME TO
COMPLETE SUPPLEMENTAL TRANSCRIPT FOR THE FOURTH CIRCUIT COURT
OF APPEAL.
02/10/2025 AHERNJANET
>FOURTH CIRCUIT COURT OF APPEAL NO. 2024-KA-0820, REQUEST FOR
EXTENSION OF TIME FILED BY COURT REPORTER ASHLEY SCHULTZ IS
DENIED.
03/10/2025 AHERNJANET
>FOURTH CIRCUIT COURT OF APPEAL NO. 2024-KA-0820 - ORDERED THAT
THE APPELLANT'S BRIEF IS DUE 3/24/25 AND APPELLEE'S BRIEF IS
DUE ON 4/14/25.
04/07/2025 AHERNJANET
>COURT RECEIVED COPY OF THE ORIGINAL BRIEF FILED ON BEHALF OF
CARDELL A HAYES, WHICH WAS FILED WITH THE FOURTH CIRCUIT COURT
OF APPEAL IN NO. 2024-KA-0820 ON MARCH 31, 2025.
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END OF DOCKET MASTER
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