by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Upon motion of a defendant, or of all defendants if there are more than one, the court may order two or more indictments consolidated for trial if the offenses and the defendants, if there are more than one, could have been joined in a single indictment. The procedure...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When the court has ordered severance of an indictment, the district attorney shall file separate indictments.In the case of a grand jury indictment, no further action by the grand jury is required. Severed indictments shall be considered as filed on the date of the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Jointly indicted defendants shall be tried jointly unless:(1) The state elects to try them separately; or(2) The court, on motion of the defendant, and after contradictory hearing with the district attorney, is satisfied that justice requires a severance.La. Cr.P. ยง...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. A defendant adversely affected may move to suppress any evidence from use at the trial on the merits on the ground that it was unconstitutionally obtained.B. A defendant may move on any constitutional ground to suppress a confession or statement of any nature made...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Cases shall be set for trial by the court on motion of the state, and may be set for trial on motion of the defendant.Courts shall adopt rules governing the procedure for setting cases for trial and giving notice thereof. The defendant shall be given notice of trial...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. The state and the defendant have the right to a speedy trial.B. The time period for filing a bill of information or indictment after arrest shall be as follows: (1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information...
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