by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that: (1) The offense charged is not punishable under a valid statute;(2) The indictment does not conform with the requirements of Chapters 1 and 2 of...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A motion to quash an information may also be based on one or more of the following grounds:(1) The information was not signed by the district attorney; or was not properly filed.(2) The offense is not one for which prosecution can be instituted by an information.La....
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A motion to quash an indictment by a grand jury may also be based on one or more of the following grounds:(1) The manner of selection of the general venire, the grand jury venire, or the grand jury was illegal.(2) An individual grand juror was not qualified under...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A motion to quash may be based on one or more of the following grounds:(1) The indictment fails to charge an offense which is punishable under a valid statute.(2) The indictment fails to conform to the requirements of Chapters 1 and 2 of Title XIII. In such case the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
All pleas or defenses raised before trial, other than mental incapacity to proceed, or pleas of “not guilty” and of “not guilty and not guilty by reason of insanity,” shall be urged by a motion to quash.La. Cr.P. ยง 531
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. When the court sets a date for a contradictory hearing of any pretrial motion filed by the defendant, in addition to any other method of service provided for by law, notice of the date of such hearing may be served upon the defendant by mailing notice to the...
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