Louisiana v. Hadman

Docket Number2012-KK-1986
Decision Date19 March 2013

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47 cases
  • State v. Gravois
    • United States
    • Court of Appeal of Louisiana
    • December 13, 2017
    ...to quash is exclusively a question of law, appellate courts review the ruling de novo . See State v. Hamdan , 12-1986 (La. 3/19/13); 112 So.3d 812, 816. La. Const. Art. I, § 13 requires the State to inform the accused in a criminal prosecution of the nature and cause of the accusation again......
  • State v. Armstead
    • United States
    • Court of Appeal of Louisiana
    • January 28, 2015
    ... ... The decision by a trial judge to grant or deny this type of motion to quash is solely a question of law. 8 See Byrd, 96–2302 at p. 18, 708 So.2d at 411. Thus, we review the trial judge's ruling on this motion to quash under a de novo standard. See State v. Hamdan, 12–1986, p. 6 (La.3/19/13), 112 So.3d 812, 816. See also Schmolke, 12–0406 at p. 4, 108 So.3d at 299. Under this standard of review, we do not defer to any factual findings made by the trial judge as those findings of fact regarding the merits of the defense are unauthorized. See id. B ... ...
  • State v. Franklin
    • United States
    • Court of Appeal of Louisiana
    • June 11, 2014
    ... ... 14:138 A(1). 4 La.C.Cr.P. art. 62 A states: “The attorney general shall exercise supervision over all district attorneys in the state.” 5 In contrast, we apply a de novo standard of review when reviewing rulings on motions to quash involving solely legal issues. See State v. Hamdan, 12–1986, p. 6 (La.3/19/13), 112 So.3d 812, 816 ; State v. Lawson, 13–0812, p. 6 (La.App. 4 Cir. 11/20/13), 129 So.3d 792, 796 n. 3. 6 A district attorney, because of education and experience, would have a difficult burden in convincing a court that his consent to enter into a diversionary ... ...
  • State v. Lambert
    • United States
    • Court of Appeal of Louisiana
    • March 16, 2016
    ...one-half years, and this is analogous or even equivalent to proving a conviction from a foreign jurisdiction. Citing State v. Hamdan, 12–1986 (La.3/19/13), 112 So.3d 812, the State pointed out that in analyzing predicate convictions out of foreign jurisdictions, the trial court is not confi......
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