Court grants special demurrer on two counts in Frazier case, citing charging language concerns

On April 13, 2026, Judge Tammy Long Hayward granted a defense special demurrer challenging the language of an amended accusation filed that day in the case against Taniqia Lashawn Frazier. Defense counsel argued the amended document broadened the original charge by inserting language suggesting injury and by using the word "victim," which the defense said risked prejudicing the defendant and failed to give fair notice of the specific alleged conduct.

The defense cited case law requiring an accusation be "perfect in form and substance" to allow a defendant to prepare a defense and avoid double jeopardy; the amended accusation, the defense argued, converted simple-battery language into something invoking battery-family-violence elements and possible injury. The state argued the amendment merely clarified the alleged injury and that the charging statute references supplied sufficient notice. After hearing both sides the court agreed that counts 1 and 4, as drafted, could prejudice a jury and granted the special demurrer on those counts, directing defense counsel to prepare a proposed order for the court’s signature.

Judge Hayward stressed the criminal charging document must provide accurate notice and remain neutral in phrasing. She told counsel she would sign the order once submitted and noted the state may, if appropriate, file a timely amendment consistent with statute and practice.