No. 96 KA 0256
Precedential
Processed
State v. Green
State v. Green, 687 So. 2d 109 (La. Ct. App. 1st Cir. 1996).
Cited by
- State of Louisiana v. Donald P. Lemoine La. Ct. App. 3d Cir. 2020
- State v. Wells 262 So. 3d 294 La. Ct. App. 1st Cir. 2018
- State v. Balentine 119 So. 3d 979 La. Ct. App. 2d Cir. 2013
- State v. Martin 92 So. 3d 1027 La. Ct. App. 1st Cir. 2012
- State v. Warren 91 So. 3d 981 La. Ct. App. 1st Cir. 2012
- State v. Patton 68 So. 3d 1209 La. Ct. App. 1st Cir. 2011
Opinion text
liLeBLANC, Judge, dissenting. I dissent with the results in this matter. The burden is initially on the defendant to make out a prima facie claim of double jeopardy. Once the defendant meets his burden, the state must then demonstrate the indictment charges a crime separate from the first. As the majority opinion states, the state did not meet its burden at the motion to quash, simply submitting on the record which did not contain proof the evidence would pass the “same evidence” test. Having failed to meet its burden, the state may not now have a second opportunity. Accordingly, I would find the trial judge erred in denying the motion to quash.