Opinion

State v. Brown

  • 2008 La.App. 4 Cir. 1434
  • 7 So. 3d 1238
  • 2009 La. App. LEXIS 409
  • 2009 WL 706710
Court
Louisiana Court of Appeal
Filed
Mar 18, 2009
Status
Published
Author
Jones
On the bench
Jones, Tobias, Gorbaty
Cited by
10 cases

The opinion

JONES, J.,

dissents with reasons.

hThe majority’s opinion, to me, finds a clear violation of the defendant’s due process rights, but that the court is not empowered to act because the error results from “ineffective assistance of counsel.”

There is no competent evidence in the record to form the basis of the conviction. Rather the majority only cites hearsay evidence to support its conclusion that the conviction must be affirmed. The basic tenets of the United States and the Louisiana constitutions are that such clear violations of criminal procedure resulting in a four year conviction and sentence is unfair in an ordered society. For these reasons, I respectfully dissent.

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.