by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Dismissal by the district attorney of an indictment or of a count of an indictment, discharges that particular indictment or count. The dismissal is not a bar to a subsequent prosecution, except that:(1) A dismissal entered without the defendant’s consent after...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
After conviction, the district attorney is authorized to dismiss an indictment or count thereof only:(1) When a new trial has been granted.(2) When a motion in arrest of judgment has been sustained.La. Cr.P. § 692Acts 1983, No. 588, §1.
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The district attorney has the power, in his discretion, to dismiss an indictment or a count in an indictment, and in order to exercise that power it is not necessary that he obtain consent of the court. The dismissal may be made orally by the district attorney in open...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If a judge or a district attorney is recused over the objection of the state, or if an application by the state for recusation of a judge is denied, the state may apply for a review of the ruling by supervisory writs. The defendant may not appeal prior to sentence...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. Whenever the district attorney of the parish of original jurisdiction and venue is recused or requests another district attorney or the attorney general to undertake a prosecution or an investigation reasonably related to a possible prosecution and such other...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a district attorney is unable to perform his duties for any cause, other than recusation, death, or resignation or removal from office, an assistant district attorney shall act in his place. When the district attorney still holds office and there is no assistant...
Recent Comments