State v. Harvey

Supreme Court of Louisiana

Decided October 20, 1994

Supreme Court of Louisiana · decided 1994-10-20

Cited by 5 later decisions — most recently June 2018

5 state decisions

Key passage — most relied on by later courts

“the judgment of conviction against him is vacated and all proceedings in [the] prosecution are abated from their inception.”

quoted by 1 later decision, including State v. Recile

Relies on 328 So. 2d 65 - State v. Morris · State v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 1994-10-20

View the full empirical analysis of this case →

PER CURIAM: *

¶1This Court has been advised that Sherin Harvey died while the present case was pending on our October docket. Accordingly, the judgment of conviction against him is vacated and all proceedings in this prosecution are abated from their inception. State v. McClow, 364 So.2d 566 (La.1978); State v. Morris, 328 So.2d 65 (La.1976).

¶2CONVICTION VACATED; PROSECUTION ABATED AB INITIO.

¶3 Judge Felicia Toney Williams, Court of Appeal, Second Circuit, participated as Associate Justice Pro Tempore (effective September 2, 1994).

¶4Kimball, J., not on Panel. Rule IV, Part 2, § 3.