Opinion

State v. Brown

  • 390 So. 2d 200
  • 1980 La. LEXIS 9616
Court
Supreme Court of Louisiana
Filed
Oct 31, 1980
Status
Published
Author
Lemmon
On the bench
Calogero, Dennis, Dixon, Grant, Lemmon, Reasons, Writ
Cited by
0 cases

The opinion

LEMMON, Justice,

Concurring.

Relator’s application arguably contains the issue of whether intentional opposition to an officer who is acting in his official capacity, but is not arresting, seizing property, or serving process, constitutes a violation of R.S. 14:108. 1 Compare R.S. 40:1390. Since the issue was not raised or considered in the trial court and was not argued in the brief supporting this application, I concur in the denial of this application and defer adjudication of the issue until it is more clearly presented.

. The record establishes that relator did resist an officer who was acting in his official capacity, but who was not arresting, seizing property, or serving process.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.