Preview:

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 47 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 27th day of June, 2003, are as follows: BY TRAYLOR, J.: 2002-KA-2222 STATE OF LOUISIANA v. KENNETH J. DILOSA AND JOHNNY L. WHITE, JR. (Parish of Orleans) (Possession of Heroin, Two Counts) For the foregoing reasons, we affirm the trial court's quashing of defendants' indictment, and find that Article 412 of the Code of Criminal Procedure, as it was written in 1999, and Section 114 of Title 15 of the Louisiana Revised Statutes are unconstitutional in their entireties, and that Article 413, as it was written in 1999, and Article 414 of the Code of Criminal Procedure are unconstitutional in part, as designated above. To the extent that the judgment of the trial court might conflict with this opinion, if at all, it is overruled. The matter is remanded to trial court for further proceedings not inconsistent with this opinion. AFFIRMED. Judge Lemmie O. Hightower sitting as Justice Ad Hoc for Associate Justice Bernette J. Johnson, recused.

6/27/03 SUPREME COURT OF LOUISIANA No. 2002-KA-2222 STATE OF LOUISIANA VERSUS KENNETH J. DILOSA AND JOHNNY L. WHITE, JR.

ON APPEAL FROM THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS
HONORABLE CALVIN JOHNSON, JUDGE TRAYLOR, Justice* This case is before us on direct appeal from a judgment of the district court which granted defendants' motion to quash their indictments and declared unconstitutional all or portions of Articles 412, 413, and 414 of the Louisiana Code of Criminal Procedure and Section 114 of Title 15 of the Louisiana Revised Statutes.1 These statutes provided procedures for selecting grand jurors, grand jury forepersons, and grand jury venires in Orleans Parish. We find that the lower court correctly determined that the provisions of the statutes which provide(d) unique procedures pertaining to grand juries in Orleans Parish only, were and are unconstitutional local laws within the meaning of Article III,

Download 2002-KA-2222 STATE OF LOUISIANA v. KENNETH J. DILOSA AND JOHNNY L. WHITE,

Louisiana Law