State v. Deloney

Supreme Court of Louisiana September 18, 1981

State v. Deloney, 407 So. 2d 1130 (La. 1981)

1981 La. LEXIS 10266

Dixon, Lemmon, Reasons

Opinion of the Court

Re: Ricky W. Deloney, applying for Writ of Certiorari and Review, Parish of Union, No. 26,133.

Granted. Conviction reversed. The motion to suppress first D.W.I. conviction should have been sustained. State ex rel. Bishop v. Blackburn, 384 So.2d 406. C.Cr.P. 514. Otherwise denied. Remanded for further proceedings.

Dissenting Opinion

DIXON, C. J.,

dissents. This Court now sets aside a prior final conviction for a mere statutory violation, and not for any constitutional deficiency. In addition, relator does not make any contention that he was indigent and entitled to a free lawyer.

LEMMON, J., dissents for the reasons assigned by DIXON, C. J.

Reference

Full Case Name: STATE of Louisiana v. Ricky W. DELONEY
Status: Published