STATE v. BURKHARDT (2026)

Court of Appeal of Louisiana, Fourth Circuit.

STATE of Louisiana v. Stanley BURKHARDT

NO. 2026-K-0549

Decided: September 30, 2026

WRIT DENIED

Relator, defendant Stanley Burkhardt, seeks review of the July 7, 2026 district court ruling, denying his motion to quash Count One of the bill of indictment. In Count One, he was charged with violating La. R.S. 14:91.5. Relator argued that Count One should be quashed because La. R.S. 14:91.5 was held to be unconstitutional by this Court in State v. Mabens, 16-0975 (La. App. 4 Cir. 7/15/17), 2017 WL 11714140.

Procedural prerequisites for challenging the constitutionality of a criminal law require that constitutional challenges are made in writing and served upon the Louisiana Attorney General. La. C.Cr.P. art. 62(D); see also La. C.C.P. art. 1880 and La. R.S. 49:257(C).

Relator has made no showing that the Attorney General has been provided notice of his constitutionality challenge of a statute in compliance with La. C.Cr.P. art. 62(D). Accordingly, Relator's writ application is denied.

New Orleans, Louisiana this 30th day of September, 2026.

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