Legal Opinion

State v. Robertson

Louisiana Court of Appeal

Decided July 16, 2008No. 2006-167PublishedCited by 6 opinions

1Opinion of the Court

THIBODEAUX, Chief Judge.

liOur original opinion1 was affirmed in part and reversed in part by the Louisiana Supreme Court. The supreme court affirmed our decision to reverse the Defendant’s conviction for “Creation or operation of a clandestine laboratory for the unlawful manufacture of CDS II, in violation of La.R.S. 40:983(A)(3); second offender, in violation of La.R.S. 40:982” because it constituted a non-crime. Louisiana Revised Statutes 40:982 is a post-conviction enhancement statute. It reversed our decision to invalidate the entire conviction and not merely the erroneous portion. The…

2Cases cited25 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. KnightsSupreme Court of the United States · 2001
  3. State v. HearoldSupreme Court of Louisiana · 1992
  4. State Ex Rel. Graffagnino v. KingSupreme Court of Louisiana · 1983
  5. State v. PrieurSupreme Court of Louisiana · 1973

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

3Cited by6 opinions

  1. State v. JonesLouisiana Court of Appeal · 2013
  2. State v. MarksLouisiana Court of Appeal · 2009
  3. State v. AngelLouisiana Court of Appeal · 2010
  4. State v. FoglemanLouisiana Court of Appeal · 2012
  5. State v. SpriggsLouisiana Court of Appeal · 2019

1 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