Supreme Court of Louisiana, 1980

State v. Smith

State v. Smith
Supreme Court of Louisiana · Decided January 11, 1980 · Calogero, Dennis, Dixon
379 So. 2d 2; 1980 La. LEXIS 6535 (Southern Reporter, Second Series)

State v. Smith

Dissenting Opinion

DIXON, CALOGERO and DENNIS, JJ.,

would grant the writ. The mere voluntary failure of the defendant to appear at a preliminary hearing in the absence of a subpoena or court order does not waive the constitutional right to a preliminary hearing.

Opinion of the Court

In re Sylvester Smith, applying for writ of certiorari, prohibition, mandamus and/or review. Parish of Terrebonne. No. 81,495.

Writ denied.

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