Supreme Court of Louisiana, 2004

State v. Rideau

State v. Rideau
Supreme Court of Louisiana · Decided January 30, 2004 · Johnson, Traylor
866 So. 2d 225; 2004 La. LEXIS 228; 2004 WL 178626 (Southern Reporter, Second Series)

State v. Rideau

Opinion of the Court

In re Rideau, Wilbert; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, Nos. 15321-01; to the Court of Appeal, Third Circuit, No. KW 03-01313.

Writ denied.

TRAYLOR, J., recused.

Concurring Opinion

JOHNSON, J.,

would grant the writ application to consider whether the principles of double jeopardy would preclude a fourth trial of this defendant. The issue has never been considered by a Louisiana court, although the United States Supreme Court and other courts have barred re-trial on double jeopardy grounds when the prosecution has engaged in willful and deliberate misconduct.

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