State v. Marchiafava

Judge Terri F. Love

I aThis appeal arises from the trial court’s granting of defendant’s motion to quash the charge of malfeasance. We find that the trial court did not err by granting the motion to quash because there was no violation of an affirmative duty by the defendant, which is required for malfeasance. The judgment of the trial court is affirmed.

FACTUAL BACKGROUND

On September 26, 2012, a fatal fire occurred at the Willow Creek Apartments (“Willow Creek”), formerly known as the Rusty Pelican Motel, in Grand Isle, Louisiana. Two people were killed in the fire. This appeal concerns…