Supreme Court of Louisiana, 1977

Cerna v. Rhodes

Cerna v. Rhodes
Supreme Court of Louisiana · Decided April 1, 1977 · Calogero, Dennis, Dixon, Granted, Should, Tate, That
343 So. 2d 1067; 1977 La. LEXIS 5614 (Southern Reporter, Second Series)

Cerna v. Rhodes

Opinion of the Court

In re: Felix Cerna, Jr., applying for Cer-tiorari, or writ of review, to the Court of Appeal, 341 So.2d 1157, First Circuit, Parish of Terrebonne.

Writ denied. The result is correct.

Concurring Opinion

TATE, J.,

is of the opinion the result is correct as to the prosecutor because of his prosecutorial immunity. See Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 990-92, 47 L.Ed.2d 128 (1976).

Dissenting Opinion

DIXON, J.,

dissents, believing the result in the court below is in error and the writ should be granted.

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

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