Legal Opinion
State v. Morrison
Louisiana Court of Appeal
Decided March 19, 2014No. 2013-KA-1067PublishedCited by 2 opinions
1Opinion of the Court
TERRI F. LOVE, Judge.
1 pThis appeal arises from the arrest of the defendant for disturbing the peace, to which the defendant pled no contest, and his subsequent charge for second degree battery. The defendant filed a motion to quash based on double jeopardy grounds. The trial court granted the defendant’s motion to quash and the State appealed. We find that the trial court abused its discretion in not permitting the State to oppose the motion to quash and by not holding an evidentiary hearing. Therefore, we reverse and remand for proceedings consistent with this opinion.
FACTUAL BACKGROUND AND…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Texas v. CobbSupreme Court of the United States · 2001
- State v. SteeleSupreme Court of Louisiana · 1980
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3Cited by2 opinions
- State v. WellsLouisiana Court of Appeal · 2018
- State v. WellsLouisiana Court of Appeal · 2018