Cited by

Opinions in Louisiana that cite State v. Byrd, 708 So. 2d 401.

81 citing documents.

State of Louisiana v. Keith Johnson La. Ct. App. 4th Cir. 2024
State of Louisiana in the Interest of M.H. La. Ct. App. 5th Cir. 2023
State of Louisiana v. Nathaniel Rhashawn Trahan La. Ct. App. 3d Cir. 2022
State Of Louisiana v. Christine Jackson La. Ct. App. 1st Cir. 2022
State Of Louisiana v. Jeffery Floyd Baham La. Ct. App. 1st Cir. 2022
State Of Louisiana v. Qwandarious Rowe La. Ct. App. 1st Cir. 2021
State of Louisiana Versus Husam Odeh La. Ct. App. 5th Cir. 2021
Id; citing State v. Byrd, 96–2302 (La.3/13/98); cert.
State Of Louisiana v. Mark Anthony Spell La. Ct. App. 1st Cir. 2021
State of Louisiana v. Louis Barnes La. Ct. App. 4th Cir. 2021
State Of Louisiana v. Charlotte Chandler Sims La. Ct. App. 1st Cir. 2020
State of Louisiana v. Sherman R. Holloway La. Ct. App. 3d Cir. 2020
State of Louisiana v. Samson H. Quinton La. Ct. App. 4th Cir. 2019
State of Louisiana v. Dwayne Griffin La. Ct. App. 4th Cir. 2019
3/13/98) the Louisiana Supreme Court addressed the purpose and the limits of a motion to quash as follows: A motion to quash is, essentially, a mechanism whereby pre- trial pleas are urged, i.e., pleas which do not go to the merits of the charge.
State of Louisiana v. Colleen Brown La. Ct. App. 4th Cir. 2019
This assertion constitutes a factual defense on the merits and was, thus, not a proper ground for a motion to quash.12 10 See also State v. Byrd, 96-2302 (La.3/13/98), State v. Masino, 214 La.
State v. Sparks 271 So. 3d 308 La. Ct. App. 1st Cir. 2019
State v. Alexcee 262 So. 3d 949 La. Ct. App. 1st Cir. 2018
3/13/98), , 411 (observing that "[i]n considering a motion to quash, a court must accept as true the facts contained in the bills of information and in the bill of particulars, and determine as a matter of law and from the face of the pleadings , whether a crime has been charged; while evidence may be adduced, such may not incl
State v. Maughan 252 So. 3d 502 La. Ct. App. 1st Cir. 2018
State of Louisiana v. Derrick Walker Stafford -Aka- Derrick Stafford La. Ct. App. 3d Cir. 2018
State v. Byrd, 96-2302 (La.3/13/98), cert.
State v. Stafford 241 So. 3d 1060 La. Ct. App. 1st Cir. 2018
State of Louisiana v. Woodrow Karey, Jr. AKA Woodrow Karey, II La. Ct. App. 3d Cir. 2015
State v. Karey 180 So. 3d 500 La. Ct. App. 1st Cir. 2015
State v. Byrd, 96-2302 (La.3/13/98), .
State v. Daquin 184 So. 3d 724 La. Ct. App. 1st Cir. 2015
See State v. Byrd, 96-2302 (La.3/13/98), , cert.
State v. Brown 176 So. 3d 761 La. Ct. App. 1st Cir. 2015
State v. Armstead 159 So. 3d 502 La. Ct. App. 1st Cir. 2015
4 Cir. 3/21/12); (citing State v. Byrd, 96-2302, p. 18 (La.3/13/98); ; State v. *514 Rembert, ).
State v. Ancalade 158 So. 3d 891 La. Ct. App. 1st Cir. 2015
State v. Byrd, 96-2302, p. 18 (La.3/13/98), .
State v. Smith 156 So. 3d 1227 La. Ct. App. 1st Cir. 2014
State v. Byrd, 96-2302 (La.3/13/98), .
State v. Trepagnier 154 So. 3d 670 La. Ct. App. 1st Cir. 2014
Additionally, the Louisiana Supreme Court in State v. Byrd, 96-2302 (La.3/13/98), , noted the question becomes “whether the indictment charges a valid offense.
State of Louisiana v. Khanh H. Nguyen La. Ct. App. 3d Cir. 2014
State v. Nguyen 150 So. 3d 562 La. Ct. App. 1st Cir. 2014
3 Cir. 10/3/07) , , writ denied, 07-2159 (La.3/28/08), , and writ denied, 08-326 (La.3/28/08), , in which this court quoted State v. Byrd, 96-2302 (La.3/13/98), , cert, denied, 525 U.S. 876 , 119 S.Ct.
State v. Jones 146 So. 3d 833 La. Ct. App. 1st Cir. 2014
4 Cir. 12/18/13), (citing State v. Byrd, 96-2302, p. 18 (La.3/13/98), , 411 and State v. Hamdan, 12-1986, p. 6 (La.3/19/13), ).
State v. Eberhardt 145 So. 3d 377 La. 2014
See State v. Byrd, 96-2302 (La.3/13/98), , cert.
STATE OF LOUISIANA v. JAMAL C. TAYLOR AND KELIN A. STEVENS (Parish of Jefferson) STATE OF LOUISIANA v. … La. 2014
State v. Jones 144 So. 3d 120 La. Ct. App. 1st Cir. 2014
4 Cir. 3/21/12), (citing State v. Byrd, 96-2302, p. 18 (La.3/13/98), ; ).
State v. Landry 144 So. 3d 1078 La. Ct. App. 1st Cir. 2014
As the Louisiana Supreme Court held in State v. Byrd 96-2302, (La.3/13/98), (footnote omitted): A motion to quash is, essentially, a mechanism whereby pretrial pleas are urged, i.e., pleas which do not go to the merits of the charge.
State v. Major 140 So. 3d 174 La. Ct. App. 1st Cir. 2014
The Supreme Court analyzed a motion to quash in State v. Byrd, 96-2302, pp. 18-19 (La.3/13/98), .
State v. Olivia 137 So. 3d 752 La. Ct. App. 1st Cir. 2014
Additionally, the Louisiana Supreme Court in State v. Byrd, 96-2302 (La.3/13/98), , noted the question becomes “whether the indictment charges a valid offense.
State v. Godchaux 132 So. 3d 1263 La. Ct. App. 1st Cir. 2014
State v. Byrd, 96-2302, p. (La.3/13/98), ; State v. Masino, 214 La.
State v. Childs 133 So. 3d 104 La. Ct. App. 1st Cir. 2014
The state begins its argument by defining a motion to quash as defined in State v. Byrd, 96-2302, pp. 18-19 (La.3/13/98), , 411: A motion to quash is, essentially, a mechanism whereby pre-trial pleas are urged, i.e., pleas which do not go to the merits of the charge.
State v. Marcelin 131 So. 3d 427 La. Ct. App. 4th Cir. 2013
4 Cir. 3/21/12), (citing State v. Byrd, 96-2302, p. 18 (La.3/13/98), ; ).
State v. Reyer 129 So. 3d 752 La. Ct. App. 1st Cir. 2013
P. art 532, 6 and the holding in State v. Byrd, 96-2302, pp. 18-19 (La.3/13/98), , where the Court stated: A motion to quash is, essentially, a mechanism whereby pre-trial pleas are urged, i.e., pleas which do not go to the merits of the charge.
State ex rel. L.C. 126 So. 3d 768 La. Ct. App. 1st Cir. 2013
State v. Byrd, 96-2302 (La.3/13/98), .
State v. Hall 127 So. 3d 30 La. Ct. App. 1st Cir. 2013
Addressing the purpose and limitations of a motion to quash, the Louisiana Supreme Court in State v. Byrd, 96-2302, pp. 18-19 (La.3/13/98) , stated: A motion to quash is, essentially, a mechanism whereby pre-trial pleas are urged, i.e., pleas which do not go to the merits of the charge.
State v. Franklin 126 So. 3d 663 La. Ct. App. 4th Cir. 2013
4 Cir. 3/21/12), (citing State v. Byrd, 96-2302, p. 18 (La.3/13/98), ; ).
State v. Brooks 124 So. 3d 1129 La. Ct. App. 1st Cir. 2013
In State v. Byrd, 96-2302 (La.3/13/98), , the Louisiana Supreme Court addressed the purpose and the limits of a motion to quash as follows: A motion to quash is, essentially, a mechanism whereby pre-trial pleas are urged, i.e., pleas which do not go to the merits of the 11scharge.
State v. Belcher 113 So. 3d 1189 La. Ct. App. 1st Cir. 2013
State v. Byrd, 96-2302 (La.3/13/98), , cert.
State v. Guillott 155 So. 3d 551 La. Ct. App. 1st Cir. 2013
As the Louisiana Supreme court has noted, “[t]he question, then, is whether the indictment charges a valid offense.” State v. Byrd, 96-2302 (La.3/13/98), (Citation omitted).
State v. Major 108 So. 3d 288 La. Ct. App. 1st Cir. 2013
As we pointed out in Carter, supra, the Louisiana Supreme Court in State v. Byrd, 96-2302 (La.3/13/98), , explained the limited purposes of a motion to quash as follows: A motion to quash is, essentially, a mechanism whereby pre-trial pleas are urged, i.e., pleas which do not go to the merits of the charge.
State v. Schmolke 108 So. 3d 296 La. Ct. App. 1st Cir. 2013
The motion to quash is a mechanism for consideration of pre-trial pleas, which are “pleas which do not go to the merits of the charge.” State v. Byrd, 96-2302 (La.3/13/98) .
State v. Brumfield 104 So. 3d 701 La. Ct. App. 4th Cir. 2012
In State v. Byrd, 96-2302, pp. 18-19 (La.3/13/98), , the Court defined a motion to quash: A motion to quash is, essentially, a mechanism whereby pre-trial pleas are urged, i.e., pleas which do not go to the merits of the charge.
State v. Ricard 102 So. 3d 236 La. Ct. App. 1st Cir. 2012
In State v. Byrd, 96-2302, pp. 18-19 (La.3/13/98), (citations and footnotes omitted), the Louisiana Supreme Court held that a motion to quash may not be used to argue a defense on the merits of the case: A motion to quash is, essentially, a mechanism whereby pre-trial pleas are urged, i.e., pleas which do not go to the merits of the charge.