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STATE v. LUTHER

No. 2011-KA-1003.

91 So.3d 560 (2012)

STATE of Louisiana v. Nicholas LUTHER.

Court of Appeal of Louisiana, Fourth Circuit.

May 9, 2012.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Felicity Strachan , Assistant District Attorney, New Orleans, LA, for Appellant.

James Harper , Orleans Public Defenders, New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge CHARLES R. JONES, Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).

PAUL A. BONIN, Judge.

The district attorney appeals the trial court's sustaining of the defendant's motion to quash. Nicholas Luther, the defendant, moved to quash the second bill of information filed against him on the grounds that the district attorney had exceeded his authority to dismiss the first bill of information and re-institute prosecution in this case. Along with a number of other cases pending before him, and after receiving only limited oral argument...

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