Supreme Court of Louisiana, 1993

State v. Simmons

State v. Simmons
Supreme Court of Louisiana · Decided September 24, 1993 · Calogero, Dennis, Grant, Hall, Marcus, Writ
624 So. 2d 1213; 1993 La. LEXIS 2588; 1993 WL 377504 (Southern Reporter, Second Series)

State v. Simmons

Opinion of the Court

In re Simmons, Marcus; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Lafayette, 15th Judicial District Court, Div. “B”, No. 63134; to the Court of Appeal, Third Circuit, No. KW93-0383.

Granted in part to set aside the district court’s reservation of the right to assess the indigent defendant with $1000 in costs; otherwise denied.

Concurring Opinion

HALL J., joined by CALOGERO, C.J.,

concurring: the trial court should reconsider its denial of funds for an investigation and experts to assist in the defense, if defendant files a new motion detailing the specific persons to be hired, the need for the assistance of such persons, and the estimated cost thereof. Defendant is almost certainly entitled to funds for this purpose, but it is up to counsel for defendant to make a sufficient showing.

DENNIS, J., would grant the writ. MARCUS, J., not on panel.

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