Supreme Court of Louisiana, 1983

State v. Albert

State v. Albert
Supreme Court of Louisiana · Decided June 10, 1983 · Lemmon
433 So. 2d 711; 1983 La. LEXIS 10924 (Southern Reporter, Second Series)
State v. Albert

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

In Re: Lucien C. Albert, applying for writ of Certiorari, 430 So.2d 1279, or writ of Review, to the Court of Appeal First Circuit Parish of Iberville, Number 82-KA-0841, from the 18th Judicial District Court, Number 1742-81.

Denied.

Concurring Opinion

LEMMON, J.,

concurs. Since defendant at the first trial requested a continuance of a mistrial, indicating he was willing to abort the proceeding and give up his “valued right to have his trial completed by a particular tribunal”, he cannot contend on appeal that the district attorney abused his perogative by dismissing the prosecution after half of the jurors had been sworn. See United States v. Jorn, 400 U.S. 470 at 484, 91 S.Ct. 547 at 556, 27 L.Ed.2d 543.

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