Legal Opinion
State v. Olivia
Louisiana Court of Appeal
Decided March 26, 2014No. 2013-KA-0496PublishedCited by 15 opinions
1Opinion of the Court
TERRI F. LOVE, Judge.
LThe State appeals the trial court’s granting of Martha Olivia’s (“Ms. Olivia”) motion to quash the bill of information charging her with violation of La. R.S. 14:39.2. Following a hearing on the motion, the trial court granted the motion based on its consideration of Ms. Olivia’s factual defense to the offense charged. We find a trial court’s ruling on a motion to quash is limited to questions of law and does not extend to defenses based on factual determinations. Therefore, we reverse the trial court’s granting of Ms. Olivia’s motion to quash the bill of information and…
2Cases cited9 opinions
- State v. ByrdSupreme Court of Louisiana · 1998
- Augustus v. St. Mary Parish School Bd.Louisiana Court of Appeal · 1996
- State v. SchmolkeLouisiana Court of Appeal · 2013
- BD. OF DIR. OF IND. DEV. v. All TaxpayersLouisiana Court of Appeal · 2003
- State v. FranklinLouisiana Court of Appeal · 2013
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. JohnsonLouisiana Court of Appeal · 2017
- State v. TrepagnierLouisiana Court of Appeal · 2014
- State v. ButlerLouisiana Court of Appeal · 2015
- State v. VernonLouisiana Court of Appeal · 2016
- State v. SmithLouisiana Court of Appeal · 2014
10 more not listed; retrieve them via the Exa API.