Legal Opinion · Concurrence

State v. Nunez

Louisiana Court of Appeal

Decided July 6, 2015No. Nos. 2015-K-0164, 2015-K-0449Published

1ConcurrenceTobias, J.

|,I respectfully concur. I write separately only to state that I do not find that the proper procedural vehicle to challenge the allotment of a criminal case is a motion to quash. Rather, in my view, the proper procedural vehicle is a mere motion to reallot. The motions filed in this case, although phrased as quashal in nature, must be read to be merely as motions to reallot because the case was not randomly allotted pursuant to State v. Simpson, 551 So.2d 1303 (La.1989) and its progeny. See also State v. Brown, 15-0122 (La.App. 4 Cir. 7/6/15), 174 So.3d 95.

2Cases cited3 opinions

  1. Russo v. Texas & Pac. R. R.Louisiana Court of Appeal · 1930
  2. State v. SimpsonSupreme Court of Louisiana · 1989
  3. State v. BrownLouisiana Court of Appeal · 2015