STATE v. GAINES

No. 2008-KA-0967.

5 So.3d 915 (2009)

STATE of Louisiana v. Tony GAINES.

Court of Appeal of Louisiana, Fourth Circuit.

February 11, 2009.


Attorney(s) appearing for the Case

Robert L. Freeman, Jr., District Attorney, Rachel Luck Africk, Assistant District Attorney, New Orleans, LA, for appellant.

Harry S. Hardin III, Avery B. Pardee, Jones Walker Waechter Poitevent Carrere & Denegre, LLP, New Orleans, LA, for defendant/appellee.

(Court composed of Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).


MAX N. TOBIAS, JR., Judge.

On 20 March 2007, the defendant, Tony Gaines ("Gaines"), was charged with possession of heroin. A plea of not guilty was entered on 30 March 2007. On 30 November 2007, counsel was appointed and several pretrial motions were filed. A hearing on motions was held on 18 January 2008; the district court found probable cause and denied the motion to suppress the evidence. On 1 and 22 February 2008, the defense filed a motion for subpoena duces...

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