Supreme Court of Louisiana, 1977

State v. Bufalo

Supreme Court of Louisiana · Decided June 10, 1977 · Dennis, From, Summers, Tate, Writ

346 So. 2d 1107; 1977 La. LEXIS 6266 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Comeaux (La. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

TATE, J.,

is of the opinion the writ should be granted to clarify whether a “case” in which possible punishment of six months or over requires a jury trial applies not only to joinder of charges in a single indictment, State v. McCarroll, but also to separate indictments consolidated for trial upon the defendant’s motion (which may operate as a waiver of any right to jury trial otherwise applicable.)

DENNIS, J., dissents from the writ denial.

Opinion of the Court

In re: Emil Bufalo, applying for certiora-ri and mandamus.

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

Dissenting Opinion

SUMMERS, J.,

is of the opinion the writ should be granted to clarify and correct irreconcilable differences in the decisions of this Court. See Monroe v. Wilhite, 255 La. 838, 233 So.2d 535 (1970) and State v. McCarroll, 337 So.2d 475 (La. 1976) La. Const. Art. I, § 17 (1974).

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