CRIMINAL DOCKET NO.

9999-CR-000021-B
STATE OF LOUSIANA

12 JUDICIAL DISTRICT COURT

VERSUS

PARISH OF AVOYELLES

NORRJS GREENHOUSE

STATE OF LOUISIANA
AND

CHERYL GREENHOUSE AND

NORRIS GREENHOUSE

12 JUDICIAL DISTRICT COURT

VERSUS

PARISH OF AVOYELLES

DOUG ANDERSON, IN HIS CAPACITY

AS SHERIFF OF AVOYELLES PARISH

STATE OF LOUISIANA

REASONS FOR RULING

C)h N o v e F h h p r

3015

Greenhouse, Jr. was arrested pursuant to a warrant issued by

this Court on charges of Second Degree Murder and Attempted Second Degree Murder. Learning
that this matter would be assigned to Division A of the this Court, consultation was had with Judge
Spruill and Bond was set at $1,000,000.00 plus certain restrictions to apply in the event that bond
was posted. Judge Spruill has since entered an Order or Recusal.
On November 16, 2015, Cheryl Greenhouse and Norris Greenhouse, parents of Norris
Greenhouse, Jr. filed a Petition of Writ of Mandamus citing the Sheriff of Avoyelles Parish, Doug
Anderson, to show cause why he should not be compelled to accept the posting of a property bond
tendered by Cheryl Greenhouse and Norris Greenhouse to secure the release of their son pending
Trial..
On November 19, 2015 Norris Greenhouse, Jr. filed a Motion for Immediate Release from
Jail contending that the provisions of Code of Criminal Procedure Article 320 violate the United
States Constitution, namely the due process clause and Eighth Amendment of the Bill of Rights.
Greenhouse further contends that application of Code of Criminal Procedure Article 320 defies
common sense and application of this Article to the facts in the case at bar yield absurd and
unreasonable results. In support of this Motion, Greenhouse has filed a Memorandum of Authority
setting forth his claims.
Code of Criminal Procedure Article 320 states that "a person shall not be released on bail for
which an Attorney at Law, a Judge, or Ministerial Otticer ot a Court becomes a surety or provides
money or property for Bail; the invalidity of such bail shall not be a defense to an action to forfeit

and enforce the bail."

The facts in the case at bar confirm that Norris Greenhouse, Sr., one of the persons
attempting to post a property bond, is an Attorney at Law licensed to practice in the State of
Louisiana and is also an Assistant District Attorney for Avoyelles Parish. Norris Greenhouse, Sr.
is the father of Norris Greenhouse, Jr., the defendant in these proceedings. Although the Court of
public opinion has already tried and convicted both defendants, this Court has not. This Court is a
Court of Justice and Justice will be served.
In our system of Justice, persons who are arrested and accused of crimes are entitled to Bail.
Louisiana Constitution Article 1. Section 18 provides for a constitutional guaranty of bail before and
during trial, except for capital offenses where the proof is evident and the presumption of guilt is
great. The purpose of Bail and definition of Bail is set forth in Code of Criminal Procedure Article
311 and provides that "Bail is the security given by a person to assure his appearance before the
proper Court whenever required." We are all aware that one of the most fundamental principles of
our law is that a person accused of a crime is innocent until proven guilty beyond a reasonable doubt.
Regardless of public opinion and/or rumors about evidence and/or particular facts of any case, every
person accused of committing a crime is entitled to his day in Court and is entitled to a fair Trial.
Persons accused of crimes are also entitled to Bail which, as stated above, is issued in order to assure
the appearance of the defendant before the proper Court whenever required.
Article 312 of the Code of Criminal Procedure p r o v i s o ror certain types of Bail, which
include a bond secured by a commercial security; a cash deposit; or with the Court's approval, by
a secured personal surety; or by a bond secured by the property of the defendant, or by any
combination thereof. The conditions for providing a property bond are set forth in Code of Criminal
Procedure Article 319 and provide that a defendant, or a secured personal surety, may establish a
legal mortgage over immovable property in favor of the State of Louisiana or the proper political
subdivision to secure a Bail obligation. In the case at bar it is alleged that Norris Greenhouse, Jr. and
Cheryl Greenhouse, have attempted to establish a legal mortgage over certain immovable property
as security and/or partial security for the Bail/Bond in this proceeding. The evidence confirms that
based on a strict reading of Article 320 of the Code of Criminal Procedure, Doug Anderson, in his
capacity as Sheriff of Avoyelles Parish, has denied the request of Cheryl and Norris Greenhouse, Sr.
to post a property bond based on the fact that Norris Greenhouse, Sr. is an Attorney at Law.

It first must be stated that in rejecting the proposed property bond submitted by Cheryl and
Norris Greenhouse and/or bond of any nature submitted by Norris Greenhouse, Sr., Doug Anderson
in his capacity as Sheriff of Avoyelles Parish, did the right thing. A literal reading of Article 320
requires the Sheriff to reject any bond submitted by an Attorney at Law. Further, our Supreme Court
has often stated that our laws are to be interpreted as written and the plain wording of any law should
be maintained. However, our Supreme Court has also ruled that any laws which violate persons
rights to due process should not be enforced as written.
In researching Article 320 of the Code of Criminal Procedure all parties to this proceeding
and this Court have found very little authority. This is a statute that obviously has not been tested.
It was first enacted in 1880 with the prohibition on attorneys added in 1928. In attempting to
ascertain the purpose of the addition of attorneys to Article 320, this Court could only assume that
this was to prohibit attorneys from posting bond or bail as a way of securing new clients. What other
purpose could there be?
Further, this Court is personally aware of attorneys posting bond for their children on prior
occasions in Avoyelles Parish, and on each and every occasion this attorney/father did not represent
his own son. This Court is also aware wherein an attorney himself in Avoyelles Parish was accused
of a crime and allowed to post his own bond. Certainly any other result produces absurd and
unreasonable results.
It is clear that ethical considerations were at the core of the implementation of Article 320.
In the case at bar, Norris Greenhouse, Sr. is simply the father of Norris Greenhouse, Jr. and
attempting to post a $1,000,000.00 bond that is also subject to serious restrictions. There certainly
are no ethical considerations applicable to Norris Greenhouse, Sr. He is simply a father who desires
his son to be released from jail pending Trial. This is the desire of parents in 99.9% of cases that this
Court has been involved in. Whether or not this Court agrees or disagrees with the decision of
Norris and Cheryl Greenhouse to secure the release of their son pending Trial based on certain
security and/or safety issues, they as parents have made a decision to post a massive bond in order
to secure the release of their son. They are proposing to post property with substantial value together
with other types of bond to secure their son's Pre-Trial release. This Court is unaware of any bond
in Avoyelles Parish being made in the amount of $1,000,000.00, much less a $1,000,000.00 bond
with serious restrictions.
o
J

Further, consider this If this Court were to deny the Motion before the Court, what would
stop Cheryl and Norris Greenhouse from donating their property to a relative and having that relative
post the property as bond? Certainly nothing would prohibit this and it is absurd and unreasonable
to force any person to do this.
In the case at bar, the application of Article 320 to Norris Greenhouse, Sr. clearly is a
violation of the fundamental right of due process given to every individual, including Norris
Greehouse, Jr. The application of Article 320 to the case at bar produces an absurd and unreasonable
result. Further the State of Louisiana has given no compelling reason to maintain the application of
the statute as written.
Accoion before the Court, what wouldff of Avoyelles Parish, is hereby ORDERED to accept
as security for dative and taorris Greenhouse, Jr. any property and/or security posted by Cheryl
Greenhouse and Norris Greenhouse, Sr. if all other requirements of law concerning submission of
security are met, and that all special conditions of the bond as set forth in this Court's Order of