City of Baton Rouge v. Plain

Supreme Court of Louisiana
City of Baton Rouge v. Plain, 433 So. 2d 710 (La. 1983)
1983 La. LEXIS 10895
Dixon

City of Baton Rouge v. Plain

Opinion of the Court

In Re: Morrise Plain, applying for Writ of Certiorari or Review, to the 19th Judicial District City Court, No. 52,916; Parish of East Baton Rouge, First Circuit Court of Appeal, No. 83-KW-0370.

Denied. Although it would be error to say the CCrP 912.1 C required the transcript in order to apply for writs, that right to the transcript may be waived by defendant; nevertheless the court of appeal can properly deny writs “on the showing made.”

Concurring Opinion

DIXON, C.J.,

concurs with additional reasons: Because our order may seem cryptic, I add the following explanation. The rea*711sons given by the court of appeal in denying this application indicate a belief that CCrP 912.1 C requires that the application be accompanied by a complete record of all the evidence. However, the defendant may waive the right to cause the evidence to accompany the application. For a workable plan concerning the transcript when defendant seeks review of a non-appealable criminal case, see Supreme Court Rule 10, § 5(a)(10). Nevertheless, the court of appeal can properly deny writs “on the showing made,” a ruling with which this Court would agree in this case.

Reference

Full Case Name
CITY OF BATON ROUGE v. Morrise PLAIN
Cited By
38 cases
Status
Published