Legal Opinion · Dissent

State v. Mendoza

Louisiana Court of Appeal

Decided March 13, 2013No. 12-KA-589Published

1DissentWicker, J.

_|jl agree with the majority’s finding that the trial court did not rely on the res judicata doctrine in determining whether to quash the bill of information filed against defendant, Mr. Mendoza. I respectfully dissent however because I disagree both with the majority’s interpretation and application of the Carlos burden shifting framework, and with the majority’s finding that the evidence was sufficient to find that Mr. Mendoza’s 1997 and 1999 predicate pleas were knowingly and intelligently made and therefore constitutional. I would affirm the judgment of the trial court quashing the 1997…

2Cases cited12 opinions

  1. Griffith v. KentuckySupreme Court of the United States · 1987
  2. State v. CarlosSupreme Court of Louisiana · 1999
  3. State v. KochWisconsin Supreme Court · 1993
  4. State v. GallianoSupreme Court of Louisiana · 1981
  5. United States v. Orlando Vasquez CarrionCourt of Appeals for the First Circuit · 1974

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