Supreme Court of Louisiana, 1976

State v. Marshall

Supreme Court of Louisiana · Decided February 6, 1976 · Correct, Dixon, Granted, Marcus, Ruling, Should, Summers, That, Trial

325 So. 2d 572; 1976 La. LEXIS 4764 (Southern Reporter, Second Series)

Opinion of the Court

In re District Attorney, Parish of Jefferson, applying for writ of review.

Writ refused. Under the circumstances shown, there is no abuse of discretion

Dissenting Opinion

SUMMERS, J.,

dissents from the denial of this application. The trial judge’s ruling violates the reported decisions of this Court refusing to extend the rule of pretrial discovery to matters of this nature. See State v. Lewis, 315 So.2d 626 (La. 1975).

DIXON, J., concurs in the denial. The ruling of the trial judge is correct. MARCUS, J., is of the opinion that the writ should be granted.

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