No. 2004-KK-0860 Precedential Processed

State v. Holliday

Louisiana Supreme Court · Filed May 21, 2004 · 874 So. 2d 174

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Opinion text

WEIMER, J., concurring in part; dissenting in part. After the trial court denied a state motion for continuance, the State entered a nolle prosequi. The State effectively subverted the trial court’s denial of the continuance when, three days later, the State filed a second bill of information charging the defendant with the same two counts the State dismissed pursuant to the nolle prosequi. I would grant to review this procedure. See State v. Love, 00-3347, pp. 1-5 (La.5/23/03), 847 So.2d 1198, 1213-1216 .