Supreme Court of Louisiana, 1977

State v. Bryant

Supreme Court of Louisiana · Decided July 26, 1977 · Also, Assisted, Calogero, Counsel, Dennis, Marcus, Proceedings, Reasons, Rights, Silent, Stage, Stated, That, Will

347 So. 2d 1174; 1977 La. LEXIS 6150 (Southern Reporter, Second Series)

Opinion of the Court

In re: Robert M. Bryant, Richard Dobson and Sandy C. Osgood, applying for remedial writs and stay order.

Writ refused. Insufficient showing at this time to warrant the quashing of the subpoena.

Concurring Opinion

CALOGERO, J.,

concurs. Absent a showing that applicants are to be questioned concerning the transaction out of which they have been charged by bill of information and until attempt is made to require applicants to appear before the grand jury without counsel, I am unprepared to find erroneous the trial court’s determination refusing to quash the subpoenas.

MARCUS, J., concurs for reasons assigned by Justice CALOGERO. DENNIS, J., concurs for the reasons stated by CALOGERO, and also for the reason that we cannot assume applicants will be denied their constitutional rights to remain silent and to be assisted by counsel at each stage of the proceedings.

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