State v. Warren

700 So. 2d 1297, 1997 La. App. LEXIS 2301, 1997 WL 594376
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1997
DocketNo. 29630-KA
StatusPublished
Cited by2 cases

This text of 700 So. 2d 1297 (State v. Warren) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Warren, 700 So. 2d 1297, 1997 La. App. LEXIS 2301, 1997 WL 594376 (La. Ct. App. 1997).

Opinion

h CARAWAY, Judge.

Defendants, Leroy Warren and Charles Archibald, were charged by bill of information with illegal storage of hazardous waste in violation of La. R.S. SOálSSÍGXl).1 When the defendants requested a bill of particulars, the State of Louisiana failed to respond with more specific and detailed information of the offense, and the trial court dismissed the prosecution. The state appeals seeking a reversal of the dismissal. Finding no abuse of discretion by the trial court, we affirm.

Facts

On August 25,1994, the State of Louisiana charged defendants by bill of information, which reads as follows:

Richard P. Ieyoub, Attorney General for the State of Louisiana, charges that Leroy Ford Warren and Charles Jasper Archibald on or about the 30th day of August, 1990, through on or about the 30th day of November, 1990, committed the offense of illegal storage of hazardous waste, violating Louisiana Revised Statutes 30:2183(G)(1), in that they willfully and knowingly stored hazardous waste at or near the Richland Oil Salvage, Inc. facility in Richland Parish without interim status or a permit for such storage contrary to the law of the State of Louisiana and against the peace and dignity of the same.

Defendants subsequently moved for a bill of particulars seeking answers to twenty-four inquiries. Specifically, defendants sought the identification of the alleged hazardous waste involved in the crime and the manner in which the hazardous waste was illegally stored. The state responded that no further details of the offense were necessary, but did choose to refer defendants to the state’s answers of certain discovery requests made by defendants. Thus, specific |2information regarding the identity of the hazardous waste and the details of the illegal storage was not provided.

Defense counsel objected to the state’s failure to provide a bill of particulars at a hearing held on January 11,1995. Defense counsel argued to the court the lack of specificity of the bill of information and the broad language of the criminal statute. The trial court responded to the arguments over the sufficiency of the indictment by directing the state to further answer with a bill of particu[1299]*1299lars. Yet, no bill of particulars was ever filed.

As months passed, the court minutes reflect that two pretrial conferences were scheduled and conducted. The last pretrial conference of July 10, 1996, five days before the scheduled trial date, was itself continued until September 25, 1996 without any re-fixing of a trial date. At the September 25, 1996 hearing, the record reflects. that the issue of the sufficiency of the original bill of information was again the sole focus of the hearing. The local assistant district attorney, Ms. Doueiere, who was present with a representative of the state Attorney General’s office, acknowledged on the record that a prior order of the court had prompted the September 25th hearing to allow once again the state to either answer with a bill of particulars or to attempt at the hearing to show cause why further answers to the defendants’ requests for information was unnecessary.

After the state presented nothing for the trial court’s consideration, the trial court commented that “the state has failed to provide anything I ordered them to do.” The trial court then ordered the charges against both defendants dismissed.

Law

The Louisiana constitution provides' that “[i]n a criminal prosecution, an accused shall be informed of the nature and cause of the accusation against him.” La. Const, art. I, § 13 (1974). This protection is further reflected in the Louisiana | ;;Code of Criminal Procedure which requires the indictment to contain “a plain, concise and definite written statement of the essential facts constituting the offense charged” and to reference the citation of the statute which defendant is alleged to have violated. La.C.Cr.P. art. 464.

In State v. Miller, 319 So.2d 339, 342 (La.1975), the supreme court stated:

... Details relating to the particulars of the offense must be provided in the bill of particulars so that defendant can discover, well in advance of the trial, the specific facts of. the accusation, he must meet. He is entitled to ‘further information, in a proper case, regarding what the State intends to prove, in order that, in fairness, •the accused may more properly defend himself.’ State v. Wright, 254 La. 521, 225 So.2d 201, 203 (1969). If he knows the details of the charge against him, he will avoid being surprised at the trial. State v. Mason, 305 So.2d 523 (La.1974); State v. Wright, supra. He will, moreover, have the basis for a plea of former jeopardy in any subsequent prosecutions. And the court will have a guidé to regulate the admission of evidence at the trial. State v. Clark, 288 So.2d 612 (La.1974); State v. Thomas, 260 La. 784, 257 So.2d 406 (1972).

If the crime is a single event, such as a murder, where there can be no mistake as to the particular act charged against the defendant, then he needs less information, and the scope of the bill of particulars will be less extensive, to put him on guard in the preparation of his defense. State v. Augusta, 199 La. 896, 7 So.2d 177 (1942). However, if the crime is the recurring type that may take place at different times .and in different manners, it is apparent that in order to inform the defendant adequately.of the nature and cause of the crime charged that he be informed of the particular crime for which he is being prosecuted. James A. Hobbs, The Bill of Particulars in Criminal Trials — Judicial Discretion, 12 La.L.Rev. 457 (1952). The extent to which the bill should be granted turns on the complexity of the case. State v. Miller, supra at p. 343.

Where a statute characterizes the offense in general or generic terms, an information charging an offense in the words of the statute is insufficient and the ^specific facts on which the change is based must be set out in the information. State v. Blanchard, 226 La. 1082, 78 So.2d 181 (1955).

The trial court is vested with wide discretion in determining the sufficiency of the state’s answer to bills of particular, and its ruling will not be disturbed unless a clear abuse of that discretion is shown. State v. Ross, 561 So.2d 1004, 1007 (La.App. 4th Cir. 1990), writ denied in part, writ not considered in part, 594 So.2d 885 (La.1992); State v. Harris, 627 So.2d 788 (La.App. 2d Cir.1993).

[1300]*1300The court, on its own motion or on motion of the defendant, may require the district attorney to furnish a bill of particulars setting forth more specifically the nature and cause of the charge against the defendant. La.C.Cr.P. art. 484. When the district attorney fails to furnish a sufficient bill of particulars after being ordered by the court to do so, the court may, on its own motion, order that the indictment be quashed. La.C.Cr.P. arts. 532(A)(4) and 485.

The requirement that a motion to quash be in writing found in La.C.Cr.P. art. 536 applies to a motion which is filed by a defendant. Although a defendant can file a written motion to quash based on the state’s refusal to supply additional answers to the bill of particulars, a defendant’s failure to do so does not limit the power of the trial court to fashion an appropriate remedy for the state’s refusal to comply with its order.

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Bluebook (online)
700 So. 2d 1297, 1997 La. App. LEXIS 2301, 1997 WL 594376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-warren-lactapp-1997.