Cited by
Opinions in Louisiana that cite State v. Love, 847 So. 2d 1198.
-
State v. Lawson
129 So. 3d 792
La. Ct. App. 1st Cir. 2013
State v. Love, 00-3347, pp. 9-10 (La.5/23/03), .
-
State v. Tucker
126 So. 3d 834
La. Ct. App. 1st Cir. 2013
4 Cir. 8/4/10), ; State v. Love, 2000-3347, pp. 9-10 (La.5/23/03), .
- State of Louisiana v. Robyn B. Little Davis La. Ct. App. 3d Cir. 2013
- State of Louisiana v. Carol Noland Saltzman La. Ct. App. 3d Cir. 2013
-
State v. Davis
129 So. 3d 554
La. Ct. App. 1st Cir. 2013
2 Cir. 1/9/08), ; State v. Love, 00-3347 (La.5/23/08), .
-
State v. Saltzman
128 So. 3d 1060
La. Ct. App. 1st Cir. 2013
2 Cir. 1/9/08), ; State v. Love, 00-3347 (La.5/23/08[03]), .
-
State v. Hall
127 So. 3d 30
La. Ct. App. 1st Cir. 2013
4 Cir. 4/24/13), n. 3 (explaining that “[i]n reviewing rulings on motions to quash where there are mixed questions of fact as well as law, as here, a trial judge’s ruling on a motion to quash is discretionary and should not be disturbed absent a clear abuse of discretion”); State v. Love, 00-3347, pp. 9-10 112(La.5/23/03), (“[b]eeause the complementary role of trial courts and appellate courts demands that deference be given to a trial court’s discretionary decision, an appellate court is allowe
-
State v. Bell
122 So. 3d 1007
La. 2013
See State v. Love, 00-3347 (La.5/23/03), -14 (Weimer, J., concurring in part, dissenting in part).
-
State v. Dillon
124 So. 3d 1144
La. Ct. App. 1st Cir. 2013
4 Cir. 3/7/12), (citing State v. Love, 00-3347, pp. 9-10 (La.5/23/03), -07 ).
-
State v. Jones
117 So. 3d 97
La. 2013
See State v. Love, 00-3347 (La.5/23/03), (“[bjecause the complementary role of trial courts and appellate courts demands that deference be given to a trial court’s discretionary decision, an appellate court is allowed to reverse a trial court judgment on a motion to quash only if that finding represents an abuse of the trial court’s discretion").
-
State v. Taylor
118 So. 3d 65
La. Ct. App. 1st Cir. 2013
State v. Love, 00-3347, p. 12 (La.5/23/03), .
-
State v. Jordan
118 So. 3d 1235
La. Ct. App. 1st Cir. 2013
See State v. Love, 00-3347, pp. 9-10 (La.5/23/03), .
-
State v. Tran
115 So. 3d 672
La. Ct. App. 1st Cir. 2013
4 Cir. 8/4/10), ; see also State v. Love, 00-3347, pp. 9-10 (La.5/23/03), (”[b]e-cause the complementary role of trial courts and appellate courts demands that deference be given to a trial court's discretionary decision, an appellate court is allowed to reverse a trial court judgment on a motion to quash only if that finding represents an abuse of the trial court’s discretion”).
-
State v. Mendoza
113 So. 3d 288
La. Ct. App. 5th Cir. 2013
4 Cir. 2/28/07), (citing State v. Love, 00-3347, p. 14 (La.5/23/03), ).
-
State v. Travis
109 So. 3d 1036
La. Ct. App. 1st Cir. 2013
See State v. Love, 00-3347, pp. 9-10 (La.5/23/03), .
-
State v. Price
156 So. 3d 68
La. Ct. App. 2d Cir. 2013
State v. Love, 2000-3347 (La.5/23/03), ; State v. Jones, 41,449 (La.App.
-
State v. Jones
107 So. 3d 1285
La. Ct. App. 1st Cir. 2013
In State v. Love, 2000-3347, pp. 9-10 (La.5/23/03), , the Court stated: “Because the complementary role of trial courts and appellate courts demands that deference be given to a trial court’s discretionary decision, an appellate court is allowed to reverse a trial court judgment on a motion to quash only if that finding represents an abuse of the trial court’s di
-
State v. Mathews
109 So. 3d 984
La. Ct. App. 1st Cir. 2013
In State v. Love, 00-3347, pp. 9-10 (La.5/23/03), , the Court stated: “Because the complementary role of trial courts and appellate courts demands that deference be given to a trial court’s discretionary decision, an appellate court is allowed to reverse a trial court judgment on a motion to quash only if that finding represents an abuse of the trial court’s di
-
State v. Chairs
106 So. 3d 1232
La. Ct. App. 1st Cir. 2012
State v. Love, 00-3347 (La.5/23/03), .
-
State v. Bell
106 So. 3d 754
La. Ct. App. 1st Cir. 2012
“Louisiana courts understand that determination of motions to quash in which the district attorney entered a nolle pros and later reinstituted charges should be decided on the basis of the facts and circumstances of the individual case.” State v. Love, 00-3847, p. 14 (La.5/23/03), .
-
State v. Brumfield
104 So. 3d 701
La. Ct. App. 4th Cir. 2012
In State v. Love, 00-3347, p. 12 (La.5/23/03), , the Court discussed the standard of review in such cases involving rulings on motions to quash: When a trial judge exercises his discretion to deny a motion to quash, he presumably acts appropriately, based on his appreciation of the statutory and procedural rules giving him the right to run his court.
-
State v. Glasser
104 So. 3d 663
La. Ct. App. 1st Cir. 2012
|4In State v. Love, 2000-3347, pp. 9-10 (La.5/23/03), , the Louisiana Supreme Court held that an appellate court is allowed to reverse a trial court’s judgment on a motion to quash only if that finding represents an abuse of the trial court’s discretion.
-
State v. McKenzie
105 So. 3d 959
La. Ct. App. 1st Cir. 2012
State v. Love, 00-8347, pp. 9-10 (La.5/23/08), .
-
State v. Davis
105 So. 3d 981
La. Ct. App. 1st Cir. 2012
The Louisiana Supreme Court has held that “[b]ecause the complementary role of trial courts and appellate courts demands that deference be given to a trial court’s discretionary decision, an appellate court is allowed to reverse a trial court judgment on a motion to quash only if that finding represents an abuse of the trial court’s discretion.” State v. Love, 00-3347 (La.5/23/03), .
-
State v. Sanders
104 So. 3d 619
La. Ct. App. 1st Cir. 2012
4 Cir. 3/24/10), -07 ; State v. Love, 00-3347, pp. 9-10 (La.5/23/07), .
-
State v. Waddell
102 So. 3d 1025
La. Ct. App. 1st Cir. 2012
The Louisiana Supreme Court has instructed us in State v. Love, 2000-3347, pp. 9-10 (La.5/23/03), , that the complementary role of trial courts and appellate courts demands that defer *1029 ence be given to a trial court’s discretionary decision.
-
State v. Williams
101 So. 3d 533
La. Ct. App. 1st Cir. 2012
4 Cir. 1/9/08), ; State v. Love, 00-3347, pp. 9-10 (La.5/23/03), (“[bjecause the complementary role of trial courts and appellate courts demands that deference be given to a trial court’s discretionary decision, an appellate court is allowed to reverse a trial court judgment on a motion to quash only if that finding represents an abuse of the trial court’s discretion”).
-
State v. Paul
126 So. 3d 519
La. Ct. App. 1st Cir. 2012
In State v. Love, 00-3347, pp. 9-10 (La.5/23/02), , the Louisiana Supreme Court held that “[b]ecause the complementary role of trial courts and appellate courts demands that deference be given to a trial court’s discretionary decision, an appellate court is allowed to reverse a trial court judgment on a motion to quash only if that finding represents an abuse o
-
State v. Keeling
96 So. 3d 596
La. Ct. App. 1st Cir. 2012
See State v. Love, 00-3347 (La.5/23/03), .
-
State v. Fleming
95 So. 3d 1125
La. Ct. App. 1st Cir. 2012
State v. Love, 2000-3347, p. 12 (La.5/23/03), (“When a trial judge exercises his discretion to deny a motion to quash, he presumably acts appropriately, based on his appreciation of the statutory and procedural rules giving him the right to run his court.
-
State v. Luther
91 So. 3d 560
La. Ct. App. 1st Cir. 2012
Notwithstanding the extent of his discretionary prosecutorial authority in the dismissal-reinstitution of formal charges, the district attorney may not, however, flaunt “his authority for reasons that show he wants to favor the State at the expense of the defendant, such as putting the defendant at risk of losing witnesses.” State v. Love, 00-3347, p. 14 (La.5/23/03), .
-
State v. Duncan
91 So. 3d 504
La. Ct. App. 1st Cir. 2012
4 Cir. 8/4/10), ; see also State v. Love, 2000-3347, p. 12 (La.5/23/03), .
-
State v. Williams
89 So. 3d 422
La. Ct. App. 1st Cir. 2012
The Court stated that a trial court’s resolution of motions to quash, in cases where the district attorney entered a nolle prosequi and later reinsti-tuted charges, should be decided on a case-by-case basis, quoting State v. Love, 2000-3347, p. 14 (La.5/23/03), , 1209: “In those cases where it is evident that the district attorney is flaunting his authority for reasons that show that he wants to favor the state at the expense of the defendant, such as putting the defendant at risk of losing witn
-
State v. Nye
89 So. 3d 411
La. Ct. App. 1st Cir. 2012
4 Cir. 8/4/10), ; State v. Love, 00-3347, p. 12 (La.5/23/03), .
-
State v. Banks
92 So. 3d 464
La. Ct. App. 2d Cir. 2012
he district attorney is flaunting his authority for reasons that show that he wants to favor the State at the expense of the defendant, such as putting the defendant at risk of losing witnesses, the trial court should grant a motion to quash and an appellate court can appropriately reverse a ruling denying a motion to quash in such a situation.” Id., citing State v. Love, 2000-3347 (La.05/23/03), .
-
State v. Durham
90 So. 3d 1126
La. Ct. App. 1st Cir. 2012
4 Cir. 2/28/07), (citing State v. Love, 00-3347, p. 14 (La.5/23/03), ).
-
State v. Brown
88 So. 3d 662
La. Ct. App. 1st Cir. 2012
State v. Love, 00-3347, pp. 9-10 (La.5/23/03), -07 .
-
State v. Buckley
88 So. 3d 482
La. Ct. App. 1st Cir. 2011
STANDARD OF REVIEW Under State v. Love, 2000-3347, p. 6, (La.5/23/03), , 1206-1207 and State v. Grimes, 2001-0576, p. 6, (La.
-
State v. Lommasson
81 So. 3d 796
La. Ct. App. 1st Cir. 2011
State v. Love, 00-3347 (La.5/23/03), .
-
State v. Hayes
75 So. 3d 8
La. Ct. App. 4th Cir. 2011
The Supreme Court cited to its earlier decision in State v. Love, 00-3347, p. 14 (La.5/23/03), .
-
State v. Dillon
72 So. 3d 473
La. Ct. App. 1st Cir. 2011
See State v. Love, 00-3347, pp. 9-10 (La.5/23/03), ; State v. Batiste, 05-1571 (La.10/17/06), .
-
State v. King
60 So. 3d 615
La. 2011
See, e.g., State v. Batiste, 05-1571 (La.10/17/06), ; State v. Love, 00-3347 (La.5/23/03), ; State v. Brown, 05-1146 (La.App.
-
State v. Kumar
58 So. 3d 544
La. Ct. App. 2d Cir. 2011
State v. Love, 2000-3347 (La.5/23/03), ; State v. Armstard, supra.
-
State of Louisiana v. Jonathan Edward Boyer
La. Ct. App. 3d Cir. 2011
5/23/03), the supreme court stated that “analysis of the length of the delay does not stop with a finding that the State did not violate the statutory provisions, because the right to a speedy trial is a fundamental right.” This court affirmed the trial court’s denial of the July 7, 2005 motion to quash based
-
State v. Boyer
56 So. 3d 1119
La. Ct. App. 1st Cir. 2011
In State v. Love, 00-3347, p. 17 (La.5/23/03), , the supreme court stated that “analysis of the length of the delay does not stop with a finding that the State did not violate the statutory provisions, because the right to a speedy trial is a fundamental right.” This court affirmed the trial court’s denial of the July 7, 2005 motion to quash based on its fin
-
State v. Vernell
68 So. 3d 553
La. Ct. App. 1st Cir. 2010
State v. Love, 2000-3347, p. 14 (La.5/23/03), .
-
State v. Roach
68 So. 3d 558
La. Ct. App. 1st Cir. 2010
State v. Love, 2000-3347, p. 14 (La.5/23/03), .
-
State of Louisiana v. C.W. W.
La. Ct. App. 3d Cir. 2010
5/23/03), the court found a twenty-two month delay was presumptively prejudicial.
-
State v. King
48 So. 3d 1288
La. Ct. App. 1st Cir. 2010
State v. Love, 2000-3347, p. 13 (La.5/23/03), .
-
State v. Sorden
45 So. 3d 181
La. Ct. App. 1st Cir. 2010
See State v. Batiste, 05-1571, p. 9 (La.10/17/06), ; State v. Love, 00-3347, p. 10 (La.5/23/03), -1207 .