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State v. Broussard

Supreme Court of Louisiana
Jun 20, 1986
490 So. 2d 273 (La. 1986)
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Summary

In Broussard we distinctively held that the right to counsel is applicable in this context, and today we hold that this aspect of Broussard should be given full retroactive application.

Summary of this case from State v. St. Pierre
See 5 Summaries

Opinion

No. 86-KK-1003.

June 20, 1986.

APPEAL FROM 15TH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, STATE OF LOUISIANA, HONORABLE JOHN RIXIE MOUTON, J.

PER CURIAM.

The judgment of the court of appeal is reversed and vacated. The judgment of the district court granting the motion to quash is reinstated and the case against defendant is dismissed. R.S. 14:74 is a criminal statute. After defendant is charged with criminal neglect of family, the provisions of R.S. 14:75, 75.1 and 75.2 come into play. Some of these are necessarily criminal in nature. The defendant is entitled to counsel and if he cannot afford one, counsel must be appointed to represent him. The trial judge shall explain the defendant's rights to him (cf. the customary "Boykin" examination) before any proceeding under 14:75 is initiated.

LEMMON, J., would grant the writ and docket for argument.

COLE, J., respectfully dissents.

[4] COLE, Justice dissenting.

I believe a correct analysis of the law is set forth in the opinion by the Court of Appeal.

Summaries of

State v. Broussard

Supreme Court of Louisiana
Jun 20, 1986
490 So. 2d 273 (La. 1986)

In Broussard we distinctively held that the right to counsel is applicable in this context, and today we hold that this aspect of Broussard should be given full retroactive application.

Summary of this case from State v. St. Pierre

In Broussard, the State had issued a rule for contempt which included the possibility of incarceration, and the Court held that the right to counsel must be given before any contempt proceedings could be initiated.

Summary of this case from State, Interest of Alexis, 96-2614

In Broussard, the Supreme Court of Louisiana reversed a contempt conviction because the appellant had not been advised of his Boykin rights before entering into the same kind of stipulation Benoit had entered into in 1984.

Summary of this case from State v. R.J.B

In Broussard, the defendant was originally charged by bill of information with criminal neglect of family, and his arrest followed.

Summary of this case from State v. Creamer

In State v. Broussard, 490 So.2d 273 (La. 1986), the court, in reversing a decision by this circuit, held that LSA-R.S. 14:74 is a criminal statute and entitles a defendant to full due process protection.

Summary of this case from State v. Maxey
Case details for

State v. Broussard

Case Details

Full title:STATE OF LOUISIANA v. LENNIS TOMMY BROUSSARD

Court:Supreme Court of Louisiana

Date published: Jun 20, 1986

Citations

490 So. 2d 273 (La. 1986)

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