P. 1
Motion to Quash Bill of Information Docket Number 76

Motion to Quash Bill of Information Docket Number 76

|Views: 212|Likes:
Published by goldlaw44
motion to quash multi offender, habitual offender bill of indictmemnt, predicates offenses cannot be used to enhance
motion to quash multi offender, habitual offender bill of indictmemnt, predicates offenses cannot be used to enhance

More info:

Published by: goldlaw44 on Mar 02, 2009
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

07/12/2010

pdf

text

original

Motion TO QUASH BILL OF INFORMATION DOCKET NUMBER 76,899 MAKE IT LOOK LIKE A MOTION NOW INTO COUR BLAH

BALH

The defendant through his undersigned attorney, moves this honorable court for an order dismissing the above styled cause pursuant to Louisiana Code of Criminal Procedure, Article 532, and as grounds therefor would state:

1. That the indictment charging the defendant with Battery of a correctional facility employee pursuant to L.S.A.-R.S 14:34.5; fails to charge the requisite specificity , in that it does not specifically name any person as an alleged victim . Thecrime of battery requires the unlawful use of for or violence against the “person” of another, without their lawful consent. 2. The failure to state the name of said alleged victim; fails to show that the defendant committed any crime as there is no “person” named 3. That this failure of specificity subjects the defendant to the possibility multiple prosecutions, in violation of double jeopardy protections. 4. That the bill of information in the above styled cause fails to apprise the defendant of the nature or the alleged victim he must defend against 5. Failure to name any person as a victim , coupled with the fact that the defendant is incarcerated and is so often denied his right to visit with his attorney or even make attorney telephone callsdeprives the defendant of his constitiounal right to adequately prepare his defense 6. The bill of information is so vague in that it lacks the most crucial piece of information necessary for the defendant to adequately prepare his defense, that it is vague, ambiguous, and indefinite so as to deprive the defendant of rights guaranteed to him under the due process clause of the Sixth Amendment guaranteeing to a defendant the right to specifically informed of the nature and cause of the accusation with enough specificity to prepare his defense Wherefore the defendant request this court for an order dismissing the above styled cause.

Respectfully submiyrr

Certificate of serveice

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->