State ex rel. Taylor v. State

Supreme Court of Louisiana

State ex rel. Taylor v. State

266 So. 2d 445, 262 La. 1163, 1972 La. LEXIS 4846

CourtSupreme Court of Louisiana

DecidedSeptember 27, 1972

DocketNo. 52717

StatusPublished

This text of 266 So. 2d 445 (State ex rel. Taylor v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Taylor v. State, 266 So. 2d 445, 262 La. 1163, 1972 La. LEXIS 4846 (La. 1972).

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Opinion

BARHAM, J.,

is of the opinion the writ should be granted. The petition required in R.S. 13 :1574 was made on the same day the juvenile was brought to trial. This does not comply with notice required in In Re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed. 2d 527. See also State in the Interest of Harrell, 254 La. 963, 229 So.2d 63. The dissent there was the federal rule applied in that case on review by the 5th Cir. Court of Appeal in Harrell v. Mathews, 439 F.2d 721 (1971). The proceeding had and evidence adduced do not comply with due process' requirements. See In the Matter of Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368.

TATE and DIXON, JJ., are of the opinion the writ should be granted.

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BARHAM, J.,

is of the opinion the writ should be granted. The petition required in R.S. 13 :1574 was made on the same day the juvenile was brought to trial. This does not comply with notice required in In Re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed. 2d 527. See also State in the Interest of Harrell, 254 La. 963, 229 So.2d 63. The dissent there was the federal rule applied in that case on review by the 5th Cir. Court of Appeal in Harrell v. Mathews, 439 F.2d 721 (1971). The proceeding had and evidence adduced do not comply with due process' requirements. See In the Matter of Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368.

TATE and DIXON, JJ., are of the opinion the writ should be granted.

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Bluebook (online)

266 So. 2d 445, 262 La. 1163, 1972 La. LEXIS 4846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-taylor-v-state-la-1972.

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