Legal Opinion · Dissent

State v. Armstead

Louisiana Court of Appeal

Decided June 4, 2014No. 2014-KA-0036Published

1DissentMckay, C.J.

hi respectfully dissent for the majority opinion in this matter and would affirm the defendant’s conviction and sentence.

Essentially, the issue is the divestiture of the trial court’s jurisdiction once an appeal has been requested. The majority has mistakenly addressed this issue under an errors patent analysis.

La.C.Cr.P. art. 920 provides: “the following matters and no others shall be considered on appeal: (1) An error designated in the assignments of error; and (2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence.”

For…

2Cases cited7 opinions

  1. State v. OliveauxSupreme Court of Louisiana · 1975
  2. State v. PendeltonLouisiana Court of Appeal · 1997
  3. State v. CraddockSupreme Court of Louisiana · 1975
  4. State v. CarterLouisiana Court of Appeal · 2012
  5. State v. MajorLouisiana Court of Appeal · 2014

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API