State v. Bush

Supreme Court of Louisiana October 27, 1976

State v. Bush, 338 So. 2d 926 (La. 1976)

1976 La. LEXIS 4313

From, Granting, Sanders, Summers, Taken, Writ

Opinion of the Court

In re: Sherroll L. Bush, applying for writs of certiorari, prohibition and mandamus.

Writ granted. Finding of contempt and sentence therefor set aside. Art. 22, Code of Criminal Procedure. Any time served, if in connection with the contempt sentence, shall be credited to the 90 day sentence simultaneously imposed on 9/27/76.

SANDERS, C. J., dissents from the granting of this writ and the action taken.

Dissenting Opinion

SUMMERS, J.,

dissents. This ex parte order setting aside the trial judge’s finding of contempt, without a hearing, is both improper and demeaning of the authority of the trial judge. This action can only promote further contemptuous conduct in trial courts.

Reference

Full Case Name: STATE of Louisiana v. Sherroll L. BUSH
Status: Published