# State v. Brown

> Louisiana Court of Appeal · July 6, 2015 · 2015 La.App. 4 Cir. 0122

URL: https://www.frixlaw.com/law-library/cases/4822090

## Case

- **Full name:** STATE of Louisiana v. Tyrone BROWN
- **Court:** Louisiana Court of Appeal
- **Decided:** July 6, 2015
- **Citations:** 2015 La.App. 4 Cir. 0122; 174 So. 3d 95; 2015 La. App. LEXIS 1355; 2015 WL 4087028
- **Precedential status:** Published
- **Opinion:** Concurrence by Landrieu
- **Judges:** Belsome, Bonin, Dysart, III, Jenkins, Landrieu, Ledet, Lobrano, Lombard, Love, Tobias
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4822090

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4822090. Public record. Not legal advice.