State v. Smith

Full title: STATE OF LOUISIANA v. BEN SMITH AND TYRONE SMITH

Court: Supreme Court of Louisiana

Date published: Sep 8, 1981

404 So. 2d 1242 (La. 1981)

Opinion

No. 81-K-2404.

September 8, 1981.

In re Ben Smith and Tyrone Smith, applying for remedial writs and stay order. Parish of Orleans. No. 281-123.

Denied.

[2] DIXON, C. J., concurs in the denial,

but if the issue is preserved for review on appeal, it will be before the Court for consideration. This denial, in itself, is not an approval of the selection of a "hanging jury" in a case that is not a genuine death case.

CALOGERO and DENNIS, JJ., would [grant the writ] and bring it before the Court.