[Thud]

This is correct. Furthermore Governor Blanco's failure to declare martial law means that the accused must be freed for failure to bring them to a speedy trial.

She's the gift that keeps on giving.

[PAR35]

Furthermore Governor Blanco's failure to declare martial law means that the accused must be freed for failure to bring them to a speedy trial.

I hope you don't practice criminal law in Louisiana!

Here's a summary of the rules for that state:

"Speedy Trial rights in Louisiana

In Louisiana, you have the right to be charged within the following time periods:

* If you are in custody after an arrest, you must be charged within 45 days of the arrest if you are being held for a misdemeanor and within 60 days of the arrest if you are being held for a felony.
* If you are not in custody, you must be charged within 90 days of the arrest if you are booked with a misdemeanor and 150 days of the arrest if you are booked with a felony.

You are required to be arraigned within 30 days of the filing of the charges against you unless there is “just cause” for a longer delay. Just cause is any grounds beyond the control of the State of Louisiana or the court.

If you file a motion for a speedy trial, your trial must begin within 120 days if you are in custody or within 180 days if you are not in custody. "

All the impacted state courts are closed through at least October 1, 2005 ( http://www.lsba.org/home/information_for_other_louisian.asp ) so the "just cause" requirement is met. The only folks who might benefit are those who filed a Motion for Speedy Trial before the hurricane, and for whom the date might have fallen in September.

And on what are you basing your conclusion that the formal declaration of a state of emergency would suspend these dates?