State v. Broyard

Supreme Court of Louisiana

State v. Broyard

210 So. 3d 799, 2017 WL 550038, 2017 La. LEXIS 288

CourtSupreme Court of Louisiana

DecidedFebruary 10, 2017

DocketNo. 2016-K-0102

StatusPublished

This text of 210 So. 3d 799 (State v. Broyard) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Broyard, 210 So. 3d 799, 2017 WL 550038, 2017 La. LEXIS 288 (La. 2017).

Pincite

Opinion

PER CURIAM:

I,Writ granted. The district court’s order granting defendant’s motion to quash is reversed. A criminal proceeding or case encompasses the time during which the district attorney is determining whom, when, and how to prosecute. See La, C.Cr.P. art. 61. This includes the 90-day or 150-day timeframe the state possesses to charge an individual who has not been kept in continued custody with either a misdemeanor or a felony offense. See La. C.Cr.P. art. 701(B)(2). This matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. dissents. GENOVESE, J„ dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

I,Writ granted. The district court’s order granting defendant’s motion to quash is reversed. A criminal proceeding or case encompasses the time during which the district attorney is determining whom, when, and how to prosecute. See La, C.Cr.P. art. 61. This includes the 90-day or 150-day timeframe the state possesses to charge an individual who has not been kept in continued custody with either a misdemeanor or a felony offense. See La. C.Cr.P. art. 701(B)(2). This matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. dissents. GENOVESE, J„ dissents.

Cite This Page — Counsel Stack

Bluebook (online)

210 So. 3d 799, 2017 WL 550038, 2017 La. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-broyard-la-2017.