From Casetext: Smarter Legal Research

State v. Dorignac

Supreme Court of Louisiana
Sep 24, 1999
747 So. 2d 1110 (La. 1999)

Opinion

No. 99-K-0938

September 24, 1999

IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; Parish of Orleans Criminal District Court Div. "E" Number 361-645; to the Court of Appeal, Fourth Circuit, Number 98KA-0346


Granted. The district Court's judgment granting the defendant's motion to quash is vacated and this case is remanded to that court for purposes of conducting an evidentiary hearing and receiving the testimony of all concerned parties regarding the reliability of the minute entry made on March 31, 1995, indicating that the court "reset this matter for trial for the defense to 5/1/95." In light of the testimony adduced at the hearing, the district court is to rule again on whether the state has carried its burden of proving that prescription had not yet run by March 1, 1996, when the defense filed its motion to quash on the morning of trial.

CDT

HTL

BJJ

JPV

JTK

MARCUS, J. not on panel.


Summaries of

State v. Dorignac

Supreme Court of Louisiana
Sep 24, 1999
747 So. 2d 1110 (La. 1999)
Case details for

State v. Dorignac

Case Details

Full title:STATE OF LOUISIANA vs. JODY P. DORIGNAC

Court:Supreme Court of Louisiana

Date published: Sep 24, 1999

Citations

747 So. 2d 1110 (La. 1999)

Citing Cases

State v. Blazio

Therefore, an evidentiary hearing must be held in the trial court to determine the accuracy of this minute…