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State v. Smith

Supreme Court of Louisiana
Feb 14, 1975
307 So. 2d 634 (La. 1975)

Opinion

No. 55811.

February 14, 1975.

IN RE: HARRY F. CONNICK, DISTRICT ATTORNEY, PARISH OF ORLEANS APPLYING FOR WRIT OF CERTIORARI.


Granted. The ruling of the trial judge is reversed. The finding at the initial preliminary hearing is not "res judicata" as to a subsequently filed bill of information. See La.C.Cr.P. arts. 296 (cf. official revision comment (c)) and 386. Our ruling is without prejudice to the defendant's right to a new preliminary examination.

SUMMERS, J., in my view this adjudication should be based upon a hearing at which all parties are given an opportunity to be heard. These in chamber proceedings deny as essential aspect of due process; such an order also demeans the integrity and authority of the trial judge.


Summaries of

State v. Smith

Supreme Court of Louisiana
Feb 14, 1975
307 So. 2d 634 (La. 1975)
Case details for

State v. Smith

Case Details

Full title:STATE OF LOUISIANA v. JOSEPH SMITH

Court:Supreme Court of Louisiana

Date published: Feb 14, 1975

Citations

307 So. 2d 634 (La. 1975)

Citing Cases

State v. Satchfield

The jurisprudence holds that a "finding at a preliminary examination is not res judicata as to a subsequently…