Supreme Court of Louisiana, 1976

State v. Wilhite

State v. Wilhite
Supreme Court of Louisiana · Decided April 1, 1976 · Dixon, Summers
329 So. 2d 434; 1976 La. LEXIS 3869 (Southern Reporter, Second Series)

State v. Wilhite

Concurring Opinion

DIXON, J.,

concurs in the denial. It was clear error, requiring a mistrial, for the prosecutor to refer to other criminal conduct by the defendant in cross-examination.

Opinion of the Court

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

Writ denied. We cannot say the trial judge’s ruling granting a mistrial is incorrect. Moreover, since the trial judge has discharged the jury and reset the matter for trial, the matter is moot.

Dissenting Opinion

SUMMERS, J.,

this matter is moot. All other expressions of the majority is an improper advisory opinion.

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