State v. Walker

Supreme Court of Louisiana

Decided July 2, 2004

Supreme Court of Louisiana · decided 2004-07-02

Cited by 4 later decisions — most recently September 2015

4 state decisions

Relies on 853 So. 2d 746 - State v. Walker

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Decided 2004-07-02

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PER CURIAM.

¶1After conducting an independent review of the record, and considering the arguments of counsel, we conclude that the decision of the court of appeal does not require the exercise of our supervisory authority. Accordingly, our order of March 12, 2004 is recalled as improvidently granted.1

TRAYLOR, J., dissents and assigns reasons.

¶2. As noted by the court of appeal, "if the prosecution is able to draft a bill of information which validly charges Walker with a crime, it may be possible to reinstitute prosecution [within the time limits set by La. C.Cr.P. art. 572(A)(2)].” State v. Walker, 37, 493, p. 8, n. 6 (La.App. 2nd Cir.8/20/03), 853 So.2d 746, 751.