STATE v. MATHEWS

No. 2012-KA-0182.

109 So.3d 984 (2013)

STATE of Louisiana v. Timothy L. MATHEWS, Walter Myles, Ashley Stewart, Julio Kaiser Jr.

Court of Appeal of Louisiana, Fourth Circuit.

February 6, 2013.


Attorney(s) appearing for the Case

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

Christopher A. Aberle , Louisiana Appellate Project, Mandeville, LA, for Appellees, Ashley Stewart, and Julio Kaiser, Jr.

Kevin V. Boshea , Kevin V. Boshea, Attorney at Law, Metairie, LA, for Appellee, Walter Myles.

John Clayton Butler , Craig J. Mordock , Butler Mordock P.L.C., New Orleans, LA, for Appellee, Timothy Mathews.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, JR., Judge JOY COSSICH LOBRANO).


MAX N. TOBIAS, JR., Judge.

The appellant, State of Louisiana, appeals the trial court's judgment granting the defendants' motions to quash the bill of information. We find the trial court erred by granting relief on the basis of a statutory prescription claim, but find that court did not err in finding that the nolle prosequi of an earlier case and the reinstitution of charges in the present case unduly prejudiced the defendants and violated their constitutional...

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