State v. Reimonenq, 268 So. 3d 412 (La. 2019)

The Louisiana Supreme Court took up defense counsel’s writ following the trial court’s denial of a motion to quash following the State’s dismissal and refiling of charges following two adverse rulings, in effect evading all appellate review of the court’s ruling. The court found the accused, Mr. Reimonenq’s, 14th Amendment right to due process and fundamental fairness was violated in this case and offered the below language in support: 

“Louisiana Constitution Article II, § 2 provides that “no one of these branches, nor any person holding office in one of them, shall exercise power belonging to either of the others.”  

Inherent in justice and the concept of fundamental fairness is ensuring a “balance of forces between the accused and his accuser.” Wardius v. Oregon, 412 U.S. 470, 474, 93 S. Ct. 2208, 2212, 37 L. Ed. 2d 82 (1973). In its brief, the state openly acknowledges it could have sought writs from the appellate court and simply declined to do so. The state also suggests that dismissing and reinstituting these charges was simply “to put its case together.” We find that in this case, the state’s exercise of its statutory right under La.C.Cr.P. arts. 691 and 61 to dismiss and [Pg 8] reinstitute charges against defendant upset this “balance of forces” to such a degree that it violates defendant’s right to due process and fundamental fairness.”