Louisiana v. Chester: Defective Bill of Information and Sentencing

This episode details the Louisiana Supreme Court case of State of Louisiana vs. Malcolm J. Chester, decided on June 27, 2025. The core issue revolves around a defective bill of information that failed to specify the victim's exact age and the relevant penalty provision for aggravated crime against nature, despite the defendant's conviction for an offense involving a victim under thirteen, which carries a harsher sentence. While the Court of Appeal reversed the conviction and remanded for a new trial due to this defect, the Supreme Court reinstated the conviction but remanded for resentencing under a less severe penalty, finding the error in the original charging instrument did not prejudice the defendant's ability to defend himself. Dissenting opinions argue the defect was harmless and the original sentence should stand, given the clear evidence and jury's finding of the victim's age. A concurring opinion highlights that the trial court overstepped its authority by effectively amending the charges.