STATE OF LOUISIANA Vs. PATRICK D. HENRY
Annotate this Case
Download PDF
STATE OF LOUISIANA * NO. 2001-KA-0333 VERSUS * COURT OF APPEAL PATRICK D. HENRY * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 418-060, SECTION “J” Honorable Leon Cannizzaro, Judge ****** ***** Judge Steven R. Plotkin ****** (Court composed of Chief Judge William H. Byrnes III, Judge Steven R. Plotkin, Judge Miriam G. Waltzer) (ON APPLICATION FOR REHEARING) Harry F. Connick District Attorney Leslie Parker Tullier Assistant District Attorney 619 South White Street New Orleans, LA 70119 COUNSEL FOR PLAINTIFF/APPELLEE William R. Campbell, Jr. LOUISIANA APPELLATE PROJECT 700 Camp Street New Orleans, LA 70130 COUNSEL FOR DEFENDANT/APPELLANT PREVIOUS DECREE VACATED; REVERSED On rehearing we vacate the previous decree and reverse the ruling of the trial court. When the entirety of the evidence, including inadmissible evidence which was erroneously admitted, is insufficient to support the conviction, the accused must be discharged as to that crime, and any discussion by the court of the trial error issues as to that crime would be pure dicta since those issues are moot. State v. Hearold, 603 So.2d 731, 734 (La.1992). Looking at the evidence and testimony in the instant case we find that the State did not produce sufficient evidence to sustain a conviction for attempted stalking. For the reasons stated above the previous decree of this Court in the above captioned matter is vacated and the defendant’s conviction and sentence are reversed. PREVIOUS DECREE VACATED; REVERSED
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
