State v. Bouzigard

Supreme Court of Louisiana September 14, 1978

State v. Bouzigard, 362 So. 2d 1384 (La. 1978)

1978 La. LEXIS 6691

Believe, Believes, Calogero, Dixon, Does, Excessive, Grant, Questioning, Reversal, Summers, Tate

Dissenting Opinion

TATE, J.,

dissents.

The trial court’s extensive interrogation of the accused amounted to a comment upon the evidence and an expression of disbelief in the accused’s credibility in his trial defense. This could not be harmless error, destroying as it did the accused’s principal defense.

Opinion of the Court

PER CURIAM.

Affirmed.

SUMMERS, J., believes the questioning by the judge was excessive but does not believe the error warrants reversal.

Concurring Opinion

DIXON, J.,

concurs.

The trial judge is not prohibited from interrogating witnesses.

TATE and CALOGERO, JJ., would grant a rehearing.

Reference

Full Case Name: STATE of Louisiana v. Ronald BOUZIGARD CONSOLIDATED WITH STATE of Louisiana v. Mona GUIDRY
Status: Published