Cited by
Opinions in Louisiana that cite State v. Perez, 464 So. 2d 737.
- State of Louisiana v. Keith Johnson La. Ct. App. 4th Cir. 2024
- State of Louisiana v. Merlin P. Dejean La. Ct. App. 4th Cir. 2024
- State Of Louisiana v. David Klump La. 2024
- State of Louisiana Versus Evan Bradford La. Ct. App. 5th Cir. 2024
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State of Louisiana v. Ryan Chapman Writ Granted; Judgment Reversed; Remanded.
La. Ct. App. 2d Cir. 2023
5 The standard that this Court must follow and apply to any Motion to Quash is recited in State v. Perez [ (La.
- State of Louisiana v. Donald Alan Crooks La. Ct. App. 3d Cir. 2023
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State of Louisiana v. Nathaniel Rhashawn Trahan
La. Ct. App. 3d Cir. 2022
-40 (La.1985), the supreme court discussed the nature of a motion to quash: The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.
- State Of Louisiana v. Ronald Robinson, Et Al. La. 2021
- State of Louisiana v. Louis Barnes La. Ct. App. 4th Cir. 2021
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State v. Alexcee
262 So. 3d 949
La. Ct. App. 1st Cir. 2018
State v. Perez , , 741 (La.
- State of Louisiana v. Leslie C. Thompson La. 2017
- State v. Lee 208 So. 3d 492 La. Ct. App. 2d Cir. 2016
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State of Louisiana v. Woodrow Karey, Jr. AKA Woodrow Karey, II
La. Ct. App. 3d Cir. 2015
Despite the lack of direct statutory relief, held that “[t]he motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.” Additionally, in State v. Franklin, 13-1489, p. 9 (La.App.
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State v. Karey
180 So. 3d 500
La. Ct. App. 1st Cir. 2015
Despite the lack of direct statutory relief, held that “[t]he motion to' quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.” Additionally, in State v. Franklin, 13-1489, p. 9 (La.App.
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State v. Ferguson
176 So. 3d 449
La. Ct. App. 1st Cir. 2015
Later, Justice Dixon again noted that, in some cases, certain duties are “inherent in the nature of the office.” Similarly, the state contends that La.R.S.
- State v. Thompson 163 So. 3d 139 La. Ct. App. 2d Cir. 2015
- State v. Armstead 159 So. 3d 502 La. Ct. App. 1st Cir. 2015
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State of Louisiana v. Khanh H. Nguyen
La. Ct. App. 3d Cir. 2014
-40 (La.1985), the supreme court discussed the nature of a motion to quash and stated the following: The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.
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State v. Nguyen
150 So. 3d 562
La. Ct. App. 1st Cir. 2014
-40 (La.1985), the supreme court discussed the nature of a motion to quash and stated the following: The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.
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State v. Faggin
150 So. 3d 298
La. 2014
While evidence may be adduced, such may not include a defense on the merits.”
- State v. Godchaux 132 So. 3d 1263 La. Ct. App. 1st Cir. 2014
- State v. Marcelin 131 So. 3d 427 La. Ct. App. 4th Cir. 2013
- State v. Franklin 126 So. 3d 663 La. Ct. App. 4th Cir. 2013
- State v. Clark 117 So. 3d 1246 La. 2013
- State v. Petitto 116 So. 3d 761 La. Ct. App. 1st Cir. 2013
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State v. Guillott
155 So. 3d 551
La. Ct. App. 1st Cir. 2013
The question is not “of factual guilt or innocence of the offense charged.”
- State of Louisiana v. Christopher S. Perry La. Ct. App. 3d Cir. 2012
- State v. Perry 101 So. 3d 575 La. Ct. App. 1st Cir. 2012
- State v. Miller 102 So. 3d 956 La. Ct. App. 1st Cir. 2012
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State v. Harris
79 So. 3d 1248
La. Ct. App. 2d Cir. 2011
14:134(1) and 14:134(2) presuppose the existence of "a statute or provision of the law which delineates an affirmative duty upon the official.” State v. Schwehm, 98-1599 (La.3/19/99), .
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State v. Lewis
75 So. 3d 495
La. Ct. App. 1st Cir. 2011
art. 531-534; -40 (La.1985).
- State v. Jones 47 So. 3d 1096 La. Ct. App. 2d Cir. 2010
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Louisiana State Board of Nursing v. Gautreaux
39 So. 3d 806
La. Ct. App. 1st Cir. 2010
Board of Commissioners of Orleans Levee *815 District v. Connick, 94-3161 (La.3/9/95), ( ).
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State v. Petitto
35 So. 3d 1100
La. Ct. App. 1st Cir. 2010
14:134(1) and 14:134(2) presuppose the existence of “a statute or provision of the law which delineates an affirmative duty upon the official.” This duty “must be expressly imposed by law upon the official because the official is entitled to know exactly what conduct is expected of him in his official capacity and what conduct will subject him to criminal charges.”
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State v. Hendry
996 So. 2d 352
La. Ct. App. 2d Cir. 2008
a district attorney and district judge were charged with malfeasance and conspiracy to commit malfeasance.
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State v. Armstard
991 So. 2d 116
La. Ct. App. 2d Cir. 2008
179 , 142 L.Ed.2d 146 (1998); State v. Carter, 42,894 (La.App.
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State v. Boyte
973 So. 2d 900
La. Ct. App. 2d Cir. 2007
2 Cir. 3/3/04), , State v. Schwehm, 98-1599 (La.3/19/99), .
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State of Louisiana v. James Manuel Turnbo
La. Ct. App. 3d Cir. 2007
5 Cir. 10/28/03), -68, an appeal by the state from the granting of a motion to quash, the court explained the use of the motion to quash: the Louisiana Supreme Court discussed the nature of a motion to quash and stated: The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charg
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State v. Turnbo
966 So. 2d 1220
La. Ct. App. 3d Cir. 2007
5 Cir. 10/28/03), -68 , an appeal by the state from the granting of a motion to quash, the court explained the use of the motion to quash: the Louisiana Supreme Court discussed the nature of a motion to quash and stated: The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.
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State of Louisiana v. Michael Gordon
La. Ct. App. 3d Cir. 2007
-40 (La.1985) (citations omitted); see also, State v. Corbett, 04-1124, (La.
- STATE OF LOUISIANA VERSUS AMANDA GUTWEILER AKA AMANDA HYPES La. Ct. App. 3d Cir. 2006
- State v. Gutweiler 940 So. 2d 160 La. Ct. App. 3d Cir. 2006
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State of Louisiana v. Donald Cogswell, Jr.
La. Ct. App. 3d Cir. 2005
State v. Kelley, 241 La.
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State v. Cogswell
918 So. 2d 590
La. Ct. App. 3d Cir. 2005
State v. Kelley, 241 La.
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State of Louisiana v. M.J.S.
La. Ct. App. 3d Cir. 2005
5 Cir. 10/28/03), -68, an appeal by the state from the granting of a motion to quash, the court explained the use of the motion to quash: the Louisiana Supreme Court discussed the nature of a motion to quash and stated: The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.
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State v. M.J.S.
916 So. 2d 1215
La. Ct. App. 1st Cir. 2005
5 Cir. 10/28/03), -68 , an appeal by the state from the granting of a motion to quash, the court explained the use of the motion to quash: the Louisiana Supreme Court discussed the nature of a motion to quash and stated: The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge.
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State v. MJS
916 So. 2d 1215
La. Ct. App. 3d Cir. 2005
App. 5 Cir. 10/28/03), -68 , an appeal by the state from the granting of a motion to quash, the court explained the use of the motion to quash: (La.
- State v. Gordon 896 So. 2d 1053 La. Ct. App. 1st Cir. 2004
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In re Under Investigation Grand Jury No. 1
875 So. 2d 33
La. 2004
“The district attorney has entire charge and control of every criminal prosecution instituted or pending in his district and determines whom, when and how he shall prosecute.”
- State v. Advanced Recycling, Inc. 870 So. 2d 984 La. 2004