Supreme Court of Louisiana, 1974

State v. Williams

State v. Williams
Supreme Court of Louisiana · Decided October 18, 1974 · Barham, Dixon
302 So. 2d 18; 1974 La. LEXIS 4268 (Southern Reporter, Second Series)

State v. Williams

Dissenting Opinion

BARHAM, J.,

is of opinion that relator is entitled to a preliminary examination. He was denied counsel, although indigent, for 30 days. A Bill of Information had to be filed 9 days after arrest. Under Louisiana law — C.Cr.P., Art. 292 — relator was entitled to a preliminary examination of right. See *. Timely appointment of counsel would have assured relator of this statutory right. Moreover, under due process clause of Constitution, relator is entitled to a preliminary hearing after arrest. See Pugh v. Rainwater, 483 F.2d 778 (5th Cir., 1973).

See writ granted Sept. 30, 1974 in State v. Stewart, 300 So.2d 497 (La. 1974). See also my concurrence in the granting of writs in State v. Jackson, 282 So.2d 526 (La. 1973).

Concurring Opinion

DIXON, J.,

is of the opinion a preliminary hearing should be ordered. The state cannot deprive the accused of his right to a preliminary hearing by failing to appoint an attorney to represent the indigent until after the Bill of Information is filed.

Opinion of the Court

In re: Roscoe Williams, Jr. applying for Writ of Certiorari.

Writ denied. There is no showing that there was an abuse of discretion in the denial by the trial judge of the preliminary hearing; as to the other contention of denial of constitutional rights, there is an adequate remedy by appeal in the event of conviction.

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