Legal Opinion

State v. Gisclair

Louisiana Court of Appeal

Decided June 27, 2013No. 12-KA-946Published

1Opinion of the Court

ROBERT M. MURPHY, Judge.

|;)The State of Louisiana appeals the trial court’s granting of defendant Michael P. Gisclair’s motion to quash, ruling that the State should have charged the defendant with a different crime. For the reasons that follow, we reverse the trial court, reinstate the prosecution of this matter, and remand the case to the district court for further proceedings.

STATEMENT OF THE CASE

On September 7, 2012, the Jefferson Parish District Attorney filed a bill of information charging defendant, Michael P. Gisclair, with a violation of La. R.S. 14:95(E), illegal carrying of a…

2Cases cited16 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. State v. OliveauxSupreme Court of Louisiana · 1975
  3. State v. WeilandLouisiana Court of Appeal · 1990
  4. Mathes v. SchwingLouisiana Court of Appeal · 1929
  5. State v. PiazzaSupreme Court of Louisiana · 1992

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