Opinion

State v. Marino

  • 15 La.App. 5 Cir. 723
  • 193 So. 3d 371
  • 2016 La. App. LEXIS 915
  • 2016 WL 2842140
Court
Louisiana Court of Appeal
Filed
May 12, 2016
Status
Published
Author
Wicker
On the bench
Johnson, Wicker, Windhorst
Cited by
1 cases
Authority
More cited than 17.4%

The opinion

WICKER, J.,

concurs with reasons.

IH agree with the outcome in this case. I write separately to emphasize that, in this appeal, we do not reach the issue addressed in this Court’s prior writ disposition in this case. There, this Court denied claimants’ writ application seeking review of the trial court’s granting of the state’s motion to strike, finding that claimants had an “adequate remedy on appeal.” In this appeal, however, claimants do not assign as error the trial court’s judgment granting the state’s motion to strike. Therefore, we need not opine on the potential jurisdictional issue, that is, whether the trial court’s prior judgment — granting the state’s motion to strike, and, essentially dismissing claimants from the forfeiture proceeding — is a partial final and appeal- *380 able judgment that would have been immediately subject to appellate review.

Further, I write to point out that in State v. Brian Chisolm, 16-63 (La.App. 5 Cir. 4/28/16) , 191 So.3d 1161 , this Court recently thoroughly discussed the specific form and content required to state a claim pursuant to La. R.S. 40:2610.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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