The sides are due back in court on Sept. 9 at 10:30 a.m.
On the day jury selection was schedule to begin in the case, Francis waived trial by jury. The state objected, and Rubin denied the objection, also overruling the state’s request for reassignment of the case under district court rules.
The state took writs the 3rd Circuit, which reversed Rubin in part but kept the trial in his hands.
Francis is accused of murder, attempted murder and rape in an April 2009 home invasion. Two co-defendants, Claude Morrison, Jr., and Ryan Williams, both teenagers, pleaded to reduced charges in exchange for testimony against Francis. A third, Ove Wilson, also a teenager, remains in jail along with Francis.
Francis’ was set for trial last November, but the matter was continued until March, when he waived jury trial and set another delay in motion.
The 3rd Circuit said the motion for bench trial had to be made at least 45 days before trial date, but noted the law took effect in January of this year. It said Francis’ could re-submit the motion if a new trial date was at least 45 days after May 31.
He did so and the jury waiver was signed by Rubin in July.
The prosecutor argued also that Rubin erred in not re-allotting the cased based on the state’s notification that it is not seeking the death penalty.
Since it is not a capital case, the state argued, the case should have been assigned to one of the three district judges from Acadia Parish.
The circuit court disagreed.
Williams, Wilson and Francis were also charged with the murder and robbery of a man in March of 2009.
In each case, Francis is alleged to be the ring leader.