Louisiana Code of Criminal Procedure 945 – Venue; affected court; emergency sessions; habeas corpus
Terms Used In Louisiana Code of Criminal Procedure 945
- Affected court: means any appellate, district, parish, city, municipal, traffic, juvenile, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings for which the Louisiana Supreme Court has made a determination that the court shall conduct emergency sessions outside its parish or territorial jurisdiction as provided for by the provisions of this Title. See Louisiana Code of Criminal Procedure 942
- Emergency sessions: means any criminal court proceeding conducted by an affected court as authorized by the provisions of this Title and by order of the Louisiana Supreme Court. See Louisiana Code of Criminal Procedure 942
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Venue: The geographical location in which a case is tried.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. Venue for criminal prosecutions in an affected court shall be changed by operation of law to the parish where the affected court is ordered to conduct criminal sessions for the duration of the emergency sessions. Criminal proceedings may take place in a parish other than the parish where the crime was committed if the supreme court has ordered emergency sessions of that court in another parish pursuant to Article 944 or as otherwise provided by law.
B. Venue for a writ of habeas corpus for an individual whose physical custody has been transferred as a result of the circumstances which are the basis for the emergency session shall be in the parish of East Baton Rouge. If the court in East Baton Rouge Parish is also an affected court, venue shall be in the host jurisdiction which has been established by supreme court order for the affected court in East Baton Rouge Parish.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.