State v. Mosley

Supreme Court of Louisiana

State v. Mosley

210 So. 3d 802, 2016 La. LEXIS 2733

CourtSupreme Court of Louisiana

DecidedNovember 29, 2016

DocketNO. 2016-KK-1350

StatusPublished

This text of 210 So. 3d 802 (State v. Mosley) 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. Mosley, 210 So. 3d 802, 2016 La. LEXIS 2733 (La. 2016).

Pincite

Opinion

Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 515-820; to the Court of Appeal, Fourth Circuit, No. 2016-K-0554

I,WRIT GRANTED IN PART. We find the defendant, as a person charged with violating La. R.S. 14:42(A)(6), has standing to challenge the constitutionality of the statute as it relates to his prosecution for the charged offense. Therefore, we reverse the decision of the district court in part and remand for consideration of the merits of defendant’s motion solely as it pertains to defendant’s claim that the I.Q. cutoff score of 70, considered alone, is arbitrary, rendering the statute unconstitutional.

CLARK, J., would deny. CRICHTON, J., would deny.

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

Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 515-820; to the Court of Appeal, Fourth Circuit, No. 2016-K-0554

I,WRIT GRANTED IN PART. We find the defendant, as a person charged with violating La. R.S. 14:42(A)(6), has standing to challenge the constitutionality of the statute as it relates to his prosecution for the charged offense. Therefore, we reverse the decision of the district court in part and remand for consideration of the merits of defendant’s motion solely as it pertains to defendant’s claim that the I.Q. cutoff score of 70, considered alone, is arbitrary, rendering the statute unconstitutional.

CLARK, J., would deny. CRICHTON, J., would deny.

Cite This Page — Counsel Stack

Bluebook (online)

210 So. 3d 802, 2016 La. LEXIS 2733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mosley-la-2016.