Legal Opinion

State v. Schmolke

Louisiana Court of Appeal

Decided January 16, 2013No. 2012-KA-0406PublishedCited by 38 opinions

1Opinion of the Court

PAUL A. BONIN, Judge.

hThe district attorney appeals the trial court’s grant of Darren Schmolke’s motion under La.C.Cr.P. art. 532 A(5) to quash the bill of information charging him with a violation of La. R.S. 14:202 A, respecting a building contractor’s knowing failure to apply money received on account of a construction contract necessary to settle claims for material and labor due for the construction. Having reviewed the bill of particulars and conducted a hearing,1 the trial judge concluded that “it appears that the charge in the bill of information is not supported by the facts…

2Cases cited11 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. State v. ByrdSupreme Court of Louisiana · 1998
  3. State v. SpearsSupreme Court of Louisiana · 2006
  4. State v. MasinoSupreme Court of Louisiana · 1949
  5. State v. LegendreSupreme Court of Louisiana · 1978

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

3Cited by38 opinions

  1. State v. HallLouisiana Court of Appeal · 2013
  2. State v. ArmsteadLouisiana Court of Appeal · 2015
  3. State v. FranklinLouisiana Court of Appeal · 2013
  4. State v. OliviaLouisiana Court of Appeal · 2014
  5. State v. MarcelinLouisiana Court of Appeal · 2013

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

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