Supreme Court of Louisiana, 1977

State v. O'Brien

State v. O'Brien
Supreme Court of Louisiana · Decided July 26, 1977 · Assistance, Because, Calogero, Counsel, Dennis, Marcus, Proceedings, Reasons, Rights, Silent, Stage, Stated, Will
347 So. 2d 1175; 1977 La. LEXIS 6148 (Southern Reporter, Second Series)

State v. O'Brien

Opinion of the Court

In Re: Robert O’Brien, et al. applying for writs of certiorari, prohibition, mandamus and habeas corpus.

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

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, J. and because we cannot assume that applicants will be denied their rights to remain silent and to assistance of counsel at each stage of the proceedings.

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