Supreme Court of Louisiana, 1973

State v. Blanton

State v. Blanton
Supreme Court of Louisiana · Decided March 15, 1973 · Barham
273 So. 2d 843; 1973 La. LEXIS 5599 (Southern Reporter, Second Series)

State v. Blanton

Opinion of the Court

In re: Robert H. Blanton, III applying for writs of certiorari, prohibition, mandamus and for a stay order.

Application denied. The application does not warrant the exercise of our jurisdiction.

Dissenting Opinion

BARHAM, J.,

dissents. I had hoped the “new court” would reinstate the right to a preliminary examination under C.Cr.P. art. 292. Only a holding that once an order is issued for a preliminary examination, subsequent filing of indictment cannot cancel that hearing will preserve that legal right. See dissent in State v. King, 255 La. 500, 231 So.2d 402.

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