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SUPREME COURT OF LOUISIANA NO. 96-KA-0599 STATE OF LOUISIANA V. RICKI HART ON APPEAL FROM THE 22ND JUDICIAL DISTRICT COURT, PARISH OF WASHINGTON, STATE OF LOUISIANA, HONORABLE PATRICIA HEDGES, PRESIDING MARCUS, Justice* Ricki Hart, a guard at the Washington Parish Jail, was indicted by the grand jury for malfeasance in office, in violation of La. R.S. 14:134.1. In particular, he was charged with having

sexual intercourse with a female prisoner and engaging in sexual conduct by facilitating two male prisoners to have sexual

intercourse with two female prisoners.

Defendant filed a motion to

quash on the ground that a phrase of La. R.S. 14:134.1, "any other sexual conduct," was unconstitutionally vague.1 trial judge dismissed the motion to quash. Initially, the

However, on a motion to

reconsider the ruling and after oral argument, the trial judge granted defendant's motion to quash finding that the phrase "any other sexual conduct" in the statute was unconstitutionally vague. The state appealed the ruling directly to this court.2 La. R.S. 14.134.1 provides in pertinent part: Malfeasance in office; sexual conduct prohibited

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich. Lemmon, J., not on panel. Rule IV, Part 2,

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Louisiana Law