Legal Opinion

State v. Banta

Louisiana Court of Appeal

Decided February 23, 2004No. 2003 CA 0200PublishedCited by 3 opinions

1Opinion of the Court

_yPETTIGREW, J.

In this action for writ of quo warranto, an elected official contests a judgment decreeing that he holds his office without authority in violation of Article I, Section 10 of the Louisiana Constitution and prohibiting him from holding that office. For the following reasons, we reverse the trial court’s judgment and dismiss the petition for writ of quo warranto.

FACTS AND PROCEDURAL HISTORY

On May 17,1990, Charles Banta, III was convicted of six counts of felony theft. On June 18, 1990, he was sentenced to two years of imprisonment and a period of five years of supervised…

2Cases cited2 opinions

  1. Morris v. ThomasonLouisiana Court of Appeal · 1996
  2. City of Plaquemine v. MedlenLouisiana Court of Appeal · 1980

3Cited by3 opinions

  1. State v. GibsonSupreme Court of Louisiana · 2013
  2. Menard v. City of New Orleans Enforcement & Hearings BureauLouisiana Court of Appeal · 2013
  3. Yee v. WONDLouisiana Court of Appeal · 2009

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