Opinion

State v. Square

  • 257 La. 743
  • 244 So. 2d 200
  • 1971 La. LEXIS 4619
Court
Supreme Court of Louisiana
Filed
Jan 18, 1971
Status
Published
Author
Tate
On the bench
Summers, Tate, McCaleb, Barham
Cited by
106 cases
Authority
More cited than 8.6%

Vacated in part by Square v. Louisiana, 408 U.S. 938 (1972)

“Voir dire examination is designed to test the competence and impartiality of prospective jurors and may not serve to pry into their opinions concerning evidence offered to be offered at trial”

How later courts described this case

  • “Voir dire examination is designed to test the competence and impartiality of prospective jurors and may not serve to pry into their opinions concerning evidence offered to be offered at trial”
  • "We recognized then, and we reiterate today, the legislative mandate to preserve grand jury secrecy unless a clearly defined exception is announced by the Legislature."

Written by the judges who cited it.

The opinion

TATE, Justice

(concurs in the result).

I concur in the result. I have especial reservations as to dicta in connection with the disposition of Bills 19-21 and 86, reiterating approval of recent expressions of this court in State v. Terrebonne, 256 La. 385 , 236 So.2d 773 (1970) and State v. Hudson, 253 La. 992 , 221 So.2d 484 . These decisions were rendered by a closely di *851 vided court and included holdings and dicta which should be re-examined. Although not agreeing with the rational of the majority opinion in all respects, the writer agrees that the conviction should be affirmed, since errors complained of, to the extent the complaint is valid, did not result in a miscarriage of justice, were not prejudicial to the substantial rights of the accused, and did not constitute a substantial violation of a constitutional or statutory right of the accused, under all the circumstances shown by the entire record. La.C.Crim.P. Art. 921.

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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