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OpenJurist

88 So. 3d 448

State v. Moore

Supreme Court of Louisiana

Decided May 3, 2012

Supreme Court of Louisiana · decided 2012-05-03

Decided 2012-05-03

¶1In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 502-817; to the Court of Appeal, Fourth Circuit, No. 2012-K-0651.

¶2Writ denied. In dismissing the jury after the state requested a stay following the granting of the defendant’s motion for mis*449trial, the trial court violated the mandatory provisions of La.C.Cr.P. art. 775.1. However, because we find the state is not prejudiced by the jury’s dismissal, and may re-try the defendant, we decline to order the jury re-seated.

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