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re: NOLA DA needs to be charged with malfeasance

Posted on 2/4/23 at 2:05 pm to
Posted by TIGERHOLD
Orleans Parish
Member since Mar 2022
1043 posts
Posted on 2/4/23 at 2:05 pm to
quote:

Landry has no authority to take action on the criminal activity in New Orleans. That is a function that needs to come from the Governor’s office.



Um, no sweetie. Take a look at our Louisiana Constitution, article IV, section 8:

LINK

"The attorney general shall have authority...to supersede any attorney representing the state in any civil or criminal action."

The DA represents the state of Louisiana in criminal actions. The state Attorney General has legal authority to take over criminal prosecutions.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
73729 posts
Posted on 2/4/23 at 2:08 pm to
Fwiw, seems the state has an appeal on this case. They haven't done anything yet on previous cases though.
Posted by Lickitty Split
Inside
Member since Apr 2017
3916 posts
Posted on 2/4/23 at 6:03 pm to
You and the other jackass saying where did you get your law degree are some idiots. I’m not an attorney but I read what you linked.

It specifically says that upon written request of a district attorney, the attorney general may advise and assist in the prosecution of any criminal case. Did JW request JL prosecute this case? If not then shut up.

To make it even worse, what you quoted isn’t even stated at all in that link. You are coming with stuff out of thin air. Apparently you have an ax to grind.
This post was edited on 2/4/23 at 6:21 pm
Posted by inspectweld
Member since Feb 2021
665 posts
Posted on 2/4/23 at 7:36 pm to






quote:
Landry has no authority to take action on the criminal activity in New Orleans. That is a function that needs to come from the Governor’s office.



Um, no sweetie. Take a look at our Louisiana Constitution, article IV, section 8:

LINK

"The attorney general shall have authority...to supersede any attorney representing the state in any civil or criminal action."

The DA represents the state of Louisiana in criminal actions. The state Attorney General has legal authority to take over criminal prosecutions.

------------------------------------------------------------



(3) for cause, when authorized by the court which would have original jurisdiction and subject to judicial review, (a) to institute, prosecute, or intervene in any criminal action or proceeding, or (b) to supersede any attorney representing the state in any civil or criminal action.

The first sentence of (3) looks like it saying only if ” for cause, when authorized by the court which would have original jurisdiction and subject to judicial review” looks like no dice on that power of AG Landry. Wish he did so maybe he could make a move.He would need blessing from the local court.
This post was edited on 2/4/23 at 7:53 pm
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