Supreme Court of Louisiana, 1981

State v. Deloney

State v. Deloney
Supreme Court of Louisiana · Decided September 18, 1981 · Dixon, Lemmon, Reasons
407 So. 2d 1130; 1981 La. LEXIS 10266 (Southern Reporter, Second Series)

State v. Deloney

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.

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