State v. Mercadel

REVERSED; REMANDED TO DISTRICT COURT. In this direct appeal, the State challenges a judgment issued by an Orleans Parish Criminal District Court judge that declared unconstitutional various articles of the Louisiana Code of Criminal Procedure,1 as well as various provisions of Title 15 of the Louisiana Revised Statutes,2 all related directly or indirectly to grand jury process in Orleans Parish. The district court found that the provisions were prohibited local or special laws under La. Const. art. III, § 12(A) (1974),3 as interpreted by this court's decision in State v. Dilosa, 02-2222 (La. 6/27/03), 848 So. 2d 546. As a result of this finding, the district judge granted the motion filed by defendant, Parrell Mercadel, to quash his indictment for first-degree murder. Finding that the defendant has no standing to challenge the laws because he has failed to establish that application of the subject criminal code articles and statutes had a serious effect on his rights, we reverse the district court judgment declaring the code articles and statutes unconstitutional and quashing the defendant's indictment.