State v. Harvey

Full title: STATE OF LOUISIANA v. SHERIN HARVEY

Court: Supreme Court of Louisiana

Date published: Oct 20, 1994

644 So. 2d 371 (La. 1994)

Opinion

No. 94-K-0343.

October 20, 1994.

On Writ of Certiorari to the Fourth Circuit Court of Appeal.

Richard P. Ieyoub, Atty. Gen., Harry F. Connick, Dist. Atty., David L. Arena, and Kim A. Madere, for applicant.

Elizabeth W. Cole and Jefferson R. Thompson, for respondent.

PER CURIAM:[fn*] [fn*] Judge Felicia Toney Williams, Court of Appeal, Second Circuit, participated as Associate Justice Pro Tempore (effective September 2, 1994). Kimball, J., not on Panel. Rule IV, Part 2, § 3.

This Court has been advised that Sherin Harvey died while the present case was pending on our October docket. Accordingly, the judgment of conviction against him is vacated and all proceedings in this prosecution are abated from their inception. State v. McClow, 364 So.2d 566 (La. 1978); State v. Morris, 328 So.2d 65 (La. 1976).

CONVICTION VACATED; PROSECUTION ABATED AB INITIO.