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STATE v. MARCHIAFAVA

NO. 2017-KA-0325.

226 So.3d 1152 (2017)

STATE of Louisiana v. Nunzio MARCHIAFAVA.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 25, 2017.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , DISTRICT ATTORNEY, Donna Andrieu , Assistant District Attorney, Chief of Appeals, Christopher J. Ponoroff , Assistant District Attorney, Parish of Orleans, 619 South White Street, New Orleans, LA 70119, COUNSEL FOR APPELLANT, STATE OF LOUISIANA.

Douglas S. Hammel , THE HAMMEL LAW FIRM, LLC, 3129 Bore Street, Metairie, LA 70001, COUNSEL FOR DEFENDANT/APPELLEE, NUNZIO MARCHIAFAVA.

(Court composed of Judge Terri F. Love, Judge Marion F. Edwards, Pro Tempore, Judge Terrel J. Broussard, Pro Tempore)

This appeal arises from the trial court's granting of defendant's motion to quash the charge of malfeasance. We find that the trial court did not err by granting the motion to quash because there was no violation of an affirmative duty by the defendant, which is required for malfeasance. The judgment of the trial court is affirmed...

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