Supreme Court of Louisiana, 1975

State v. Smith

State v. Smith
Supreme Court of Louisiana · Decided February 14, 1975 · Summers
307 So. 2d 634; 1975 La. LEXIS 3605 (Southern Reporter, Second Series)

State v. Smith

Opinion of the Court

In re: Harry F. Connick, District Attorney, Parish of Orleans applying for writ of certiorari.

Granted. The ruling of the trial judge is reversed. The finding at the initial preliminary hearing is not “res judicata” as to a subsequently filed bill of information. See La.C.Cr.P. arts. 296 (cf. official revision comment (c) ) and 386. Our ruling is without prejudice to the defendant’s right to a new preliminary examination.

Dissenting Opinion

SUMMERS, J.,

in my view this adjudication should be based upon a hearing at which all parties are given an opportunity to be heard. These in chamber proceedings deny an essential aspect of due process; such an order also demeans the integrity and authority of the trial judge.

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