State v. Pennison

Supreme Court of Louisiana
State v. Pennison, 322 So. 2d 777 (La. 1975)
1975 La. LEXIS 4087
Calogero, Dixon, From, Tate

State v. Pennison

Opinion of the Court

In re: Egbert J. Pennison and Woodrow T. Bagwell applying for Writs of Review and Stay Order.

Writ denied. The showing made does not warrant the exercise of our supervisory jurisdiction.

Dissenting Opinion

TATE, J.,

dissents. La.Const. Art. 1, Section 19, (1974) requires an intelligent waiver of the right to judicial review based upon a record of the evidence upon which the judgment is based. Even considering the trial court’s return, no such intelligent waiver was made by the simple failure to notice the recording machine was not turned on.

DIXON, J., dissents from the denial.

Dissenting Opinion

CALOGERO, J.,

dissents. This Court should speak authoritatively by granting this writ on this important interpretation of Art. 1, Sec. 19, La.Const., 1974.

Reference

Full Case Name
STATE of Louisiana v. Egbert J. PENNISON STATE of Louisiana v. Woodrow T. BAGWELL
Status
Published