Legal Opinion · Dissent

State v. Brown

Louisiana Court of Appeal

Decided April 20, 2016No. 2015-KA-1319Published

1DissentLombard, J.

[/‘Once a defendant asserts a facially meritorious motion to quash based on a failure to timely commence trial, the district attorney ‘bears the heavy burden’ of showing that the running of this prescriptive period was interrupted.” State v. Bobo, 03-2362, p. 4 (La.4/30/04), 872 So.2d 1052, 1055 (citation omitted). This burden of proof requires, the State to exercise due diligence in discovering the whereabouts of the defendant as well as in taking the appropriate steps to secure his presence for trial once he has been found. State v. Jones, 13-1216, p. 5 (La.App. 4 Cir. 5/7/14), 144 So.3d…

2Cases cited4 opinions

  1. State v. CrosbySupreme Court of Louisiana · 1976
  2. State v. ChadbourneSupreme Court of Louisiana · 1999
  3. State v. BoboSupreme Court of Louisiana · 2004
  4. State v. JonesLouisiana Court of Appeal · 2014

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