State v. Jones, 144 So. 3d 120

Grand jury returned a multi-count indictment charging Isaac Jones with murders and attempted murders (Feb. 24 and Apr. 23, 2013).
Case was reallotted; Jones arraigned, pled not guilty, and orally moved to quash the indictment; written motion filed two days later.
Trial court granted the motion to quash because the indictment lacked a notation on its back showing it was "returned in open court."
State produced a certified minute entry showing the indictment was returned in open court; trial court nonetheless quashed the indictment.
State appealed; appellate panel reviews pure legal questions de novo and found the minute entry created a presumption of regularity sufficient to rebut the quash motion.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Jones)	Held
Whether a defect alleged under La. C.Cr.P. art. 383 (indictment not shown returned in open court) is properly raised by a motion to quash	Motion to quash is the proper vehicle for pretrial pleas attacking the indictment	Defense challenged the indictment’s validity under art. 383 via motion to quash	Motion to quash is a permissible procedural vehicle; defendant could raise the issue by motion to quash
Whether a certified minute entry showing the indictment was returned in open court rebuts defendant’s claim and precludes quashing	Certified minute entry presumptively shows the event occurred in open court; State may rely on it without calling witnesses	The blank notation on the back of the indictment means it was not shown returned in open court; minutes might be incorrect and the State should prove return in open court	Certified minute entry creates a presumption of regularity and, absent proof the minutes are incorrect, is sufficient; trial court erred in quashing the indictment

State v. Hall, 127 So.3d 30 (La. App. 4th Cir. 2013) (standard of review and discussion of motions to quash)
State v. Marcelin, 131 So.3d 427 (La. App. 4th Cir. 2013) (motion to quash as mechanism for pretrial pleas attacking indictment)
State v. Turner, 115 So. 814 (La. 1928) (certified minute entry can cure lack of on-indictment notation that return occurred in open court)
State v. Harvey, 106 So. 28 (La. 1925) (minutes create a presumption that proceedings occurred in open court)
State v. Williams, 828 So.2d 180 (La. App. 2d Cir. 2002) (minutes and transcript can show indictment was returned in open court)
State v. Logan, 28 So. 912 (La. 1900) (finding for defendant where minutes did not show return in open court)
State v. Schmolke, 108 So.3d 296 (La. App. 4th Cir. 2013) (guidance on de novo review for legal issues on motions to quash)