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State v. Hynes

Supreme Court of Louisiana
Nov 26, 1984
458 So. 2d 1303 (La. 1984)

Opinion

No. 84-KA-1116.

November 26, 1984.

On Appeal from Criminal District Court, Parish of Orleans; Miriam G. Waltzer, Judge.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Theodore J. Johnson, William Campbell, Asst. Dist. Attys., for plaintiff-appellant.

Maurice Hattier, Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant-appellee.


The state has appealed from a district court judgment holding La.C.Cr.P. art. 493.1 unconstitutional. This is a companion case to State v. Johnson, 458 So.2d 1301 (La. 1984), the cases having been consolidated for argument in this Court.

The legal issue and procedural posture in two cases are identical. In each the defendant has requested a jury trial because the cumulative penalty exposure he faces for the crimes with which he has been charged exceeds six months imprisonment. La. Const. art. I, § 17; State v. McCarroll, 337 So.2d 475 (La. 1976). The state opposes the jury trial request, relying on La.C.Cr.P. art. 493.1. The trial court, relying on a ruling by the chief judge of that court in another case, State v. Odell, 458 So.2d 1304 (La. 1984), effectively found the provision was unconstitutional. For the reasons assigned in the companion Johnson case, we hold that the lower court erred in its ruling.

The charges, of course, are different. Defendant Hynes was charged in one information with three counts of battery on a police officer in violation of La.R.S. 14:34.2.

Decree

The district court judgment holding that La.C.Cr.P. art. 493.1 is unconstitutional is reversed and the case is remanded to the district court for further proceedings consistent with the views expressed herein.

REVERSED; REMANDED.


Summaries of

State v. Hynes

Supreme Court of Louisiana
Nov 26, 1984
458 So. 2d 1303 (La. 1984)
Case details for

State v. Hynes

Case Details

Full title:STATE OF LOUISIANA v. EDWARD T. HYNES

Court:Supreme Court of Louisiana

Date published: Nov 26, 1984

Citations

458 So. 2d 1303 (La. 1984)

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State v. Odell

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State v. Landry

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