Supreme Court of Louisiana, 1974

In re Greene

Supreme Court of Louisiana · Decided April 18, 1974 · Calogero, Dixon, Granted, Himself, Marcus, Should, Summers, That

293 So. 2d 165; 1974 La. LEXIS 4606 (Southern Reporter, Second Series)

Opinion of the Court

In re: Floyd F. Greene applying for writs of Certiorari, Prohibition and Mandamus, Criminal District Court, Parish of Orleans.

Writ denied. There is no error in the ruling of the trial court.

Dissenting Opinion

SUMMERS, J.,

is of the opinion an important constitutional issue is involved on which this Court has not previously adjudicated. In my view a full hearing in. this Court is warranted. The writ should be granted.

DIXON, J., is of the opinion that this writ should be granted.

Concurring Opinion

CALOGERO, J.,

concurs. While I would prefer to see this Court more fully consider the Constitutional issue here presented after granting the writ, I am satisfied that the result would be no different. Accordingly I join with the majority in denying this writ application. Art. 439.1 La. C.Cr.Pr. allowing a grant of immunity except for a prosecution for perjury, in my opinion does not violate either the La. Constitution, (Art. 1, Sec. II) or the U. S. Const. 5th Amendment.

MARCUS, J., recused himself.

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