State v. Smith

Supreme Court of Louisiana September 8, 1981

State v. Smith, 404 So. 2d 1242 (La. 1981)

1981 La. LEXIS 8686

Bring, Calogero, Dennis, Dixon, Grant, Would, Writ

Opinion of the Court

In re Ben Smith and Tyrone Smith, applying for remedial writs and stay order. Parish of Orleans. No. 281-123.

Denied.

Concurring Opinion

DIXON, C. J.,

concurs in the denial, but if the issue is preserved for review on appeal, it will be before the Court for consideration. This denial, in itself, is not an approval of the selection of a “hanging jury” in a case that is not a genuine death case.

CALOGERO and DENNIS, JJ., would [grant the writ] and bring it before the Court.

Reference

Full Case Name: STATE of Louisiana v. Ben SMITH and Tyrone Smith
Status: Published