State v. Brown

Supreme Court of Louisiana October 31, 1980

State v. Brown, 390 So. 2d 200 (La. 1980)

1980 La. LEXIS 9616

Calogero, Dennis, Dixon, Grant, Lemmon, Reasons, Writ

Opinion of the Court

In re Eddie J. Brown, Jr., applying for writs of prohibition, and certiorari. Parish of St. John the Baptist. No. 1913.

Denied.

LEMMON, J., concurs with reasons. DIXON, C. J., and CALOGERO and DENNIS, JJ., would grant the writ.

Concurring Opinion

LEMMON, Justice,

Concurring.

Relator’s application arguably contains the issue of whether intentional opposition to an officer who is acting in his official capacity, but is not arresting, seizing property, or serving process, constitutes a violation of R.S. 14:108.1 Compare R.S. 40:1390. Since the issue was not raised or considered in the trial court and was not argued in the brief supporting this application, I concur in the denial of this application and defer adjudication of the issue until it is more clearly presented.

. The record establishes that relator did resist an officer who was acting in his official capacity, but who was not arresting, seizing property, or serving process.

Reference

Full Case Name: STATE of Louisiana v. Eddie J. BROWN, Jr.
Status: Published