State v. McCord

Supreme Court of Louisiana October 31, 1975

State v. McCord, 321 So. 2d 368 (La. 1975)

1975 La. LEXIS 4212

Granted, Marcus, Sanders, Should, Summers, That

Opinion of the Court

In re: State of Louisiana applying for Writs of Certiorari, Prohibition and Mandamus.

Writ denied. We find no abuse in the trial judge’s exercise of his discretion.

SANDERS, C. J., is of the opinion that the writ should be granted.

Dissenting Opinion

SUMMERS, J.,

is of the opinion this Court is denying an opportunity for review of the controversial and 4-3 decision in State v. Prieur, 277 So.2d 126 (La. 1973) and State v. Moore, 278 So.2d 781 (La. 1972). Moreover, the later decision in State v. Frezal, 278 So.2d 64 is controlling here and the distinction of the trial judge is not supported by reason or logic.

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

Reference

Full Case Name: STATE of Louisiana v. Clarence Bill McCORD
Status: Published