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Supreme Court of Louisiana, 1977

In re Grand Jury Subpoena Duces Tecum for Bank Records of Marcal

In re Grand Jury Subpoena Duces Tecum for Bank Records of Marcal
Supreme Court of Louisiana · Decided May 25, 1977 · Are, Calogero, Dennis, Granted, Should, Summers, Tate
345 So. 2d 1192; 1977 La. LEXIS 5249 (Southern Reporter, Second Series)

In re Grand Jury Subpoena Duces Tecum for Bank Records of Marcal

Opinion of the Court

In re: Joseph Neves Marcal, III, applying for writs of certiorari, mandamus and prohibition.

Writ denied. The ruling of the trial judge is correct.

SUMMERS and CALOGERO, JJ., are of the opinion the writ should be granted.

Concurring Opinion

TATE, J.,

concurs.

While Article I, Section 5, La. Constitution requires probable cause for a search and seizure, a grand jury’s right to subpoena non-privileged testimony deemed relevant by it is not so limited.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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