Supreme Court of Louisiana, 1981

State v. Smith

State v. Smith
Supreme Court of Louisiana · Decided September 8, 1981 · Bring, Calogero, Dennis, Dixon, Grant, Would, Writ
404 So. 2d 1242; 1981 La. LEXIS 8686 (Southern Reporter, Second Series)

State v. Smith

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.

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