Friday, July 19, 2013

State v. Caillet case brief case brief summary

State v. Caillet case brief 518 So.2d 1062
Subject: Animal Law

CASE SYNOPSIS: Defendants applied for supervisory writs, challenging the order of the 21st Judicial District Court, Parish of Livingston (Louisiana) denying their motion to quash the indictments filed against them for dog fighting.

-Twenty- six people where charged with dog fighting in violation of La. Rev. Stat. Ann. § 14:102.5 for paying a fee to be spectators at a dog fight. 
-They filed a motion to quash. 
-The trial court denied the motion. 
-Thereafter, 11 defendants applied for supervisory writs, urging that the indictments against them should be quashed as it failed to charge a punishable offense.

After reviewing the applicable statute, the court granted the motion to quash, holding that § 14:102.5 did not proscribe paying a fee to be a spectator at a dog fight.

CONCLUSION: The court granted defendants' application for supervisory writs, made it peremptory and granted their motion to quash the indictment against them

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