Supreme Court of Louisiana, 1977

State v. Daigle

Supreme Court of Louisiana · Decided December 22, 1977 · Calogero, Dennis, Dixon, Granted, Law, Should, Tate, Unequivocal, View

353 So. 2d 287; 1977 La. LEXIS 5998 (Southern Reporter, Second Series)

Opinion of the Court

In re: Renee Y. Daigle applying for writ of certiorari and review. Evangeline Parish.

Writ refused. No error.

Concurring Opinion

TATE, J.,

concurs: La.C.Cr.P. art. 230.1 (1977) requires an accused to be brought before the judge within 72 hours for purposes of appointment of counsel. An accused is entitled to be released forthwith until counsel is secured, if no appointment is made. Here the right to be released is moot, since counsel has been secured. The remedy for violation is exclusion of any statement secured when counsel should have been but was not afforded.

Dissenting Opinion

DIXON, J.,

would grant. The legislature has clearly provided that the sanction for the violation of 230.1 of C.Cr.P. is the immediate release of the defendant. This ruling ignores the plain words and clear intent of the statute.

CALOGERO, J., is of the view the writ should be granted. The law is unequivocal. DENNIS, J., is of the opinion the writ should be granted.

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