Cerna v. Rhodes

Supreme Court of Louisiana April 1, 1977

Cerna v. Rhodes, 343 So. 2d 1067 (La. 1977)

1977 La. LEXIS 5614

Calogero, Dennis, Dixon, Granted, Should, Tate, That

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.

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).

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.