Opinion

State v. Brown

  • 2015 La.App. 4 Cir. 0122
  • 174 So. 3d 95
  • 2015 La. App. LEXIS 1355
  • 2015 WL 4087028
Court
Louisiana Court of Appeal
Filed
Jul 6, 2015
Status
Published
Author
Landrieu
On the bench
Belsome, Bonin, Dysart, III, Jenkins, Landrieu, Ledet, Lobrano, Lombard, Love, Tobias
Cited by
2 cases
Authority
More cited than 17.4%

The opinion

LANDRIEU, J.,

concurs with reasons.

hi agree with the majority that the allotment process in the instant case violated the defendant’s right to due process. I write separately to note that the Louisiana Supreme Court jurisprudence distinguishes between a defendant who challenges the allotment process prior to trial and one who challenges the allotment of his case on appeal, post-conviction. A defendant challenging a process of random allotment prior to trial need not prove actual prejudice but need only establish that the prosecuting authority has the ability to influence the allotment process. See, e.g.: State v. Reed, 95-0648 (La.4/28/95), 653 So.2d 1176 (per curiam); State v. Payne, 556 So.2d 47 (La.1990); State v. Simpson, 551 So.2d 1303 (La.1989) (per curiam). See also, State v. Huls, 95-0541 (La.App. 1 Cir. 5/29/96) , 676 So.2d 160 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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