Supreme Court of Louisiana, 1979

State v. Bailey

State v. Bailey
Supreme Court of Louisiana · Decided June 11, 1979 · Calogero, Dennis, Tate
371 So. 2d 1331; 1979 La. LEXIS 6637 (Southern Reporter, Second Series)

State v. Bailey

Opinion of the Court

In re David C. Bailey, applying for writs of certiorari, prohibition and mandamus. Parish of Calcasieu. No. 3210-79.

Denied.

Dissenting Opinion

TATE, CALOGERO and DENNIS, JJ.,

dissent. An indigent defendant charged with first degree murder cannot be denied the means of proving a defense, if any, of insanity. The constitutional right of indigents to be assured effective representation of counsel requires the state to afford this defendant’s counsel the relief desired. The state risks reversal of any conviction obtained by its denial to the defendant of this constitutional right.

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