State Of Louisiana v. Za'Shawn J. Rice
This text of State Of Louisiana v. Za'Shawn J. Rice (State Of Louisiana v. Za'Shawn J. Rice) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA NO. 2023 KW 0994
VERSUS
ZA' SHAWN J. RICE NOVEMBER 6, 2023
In Re: Terrebonne Parish District Public Defender' s Office, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 845525.
BEFORE: THERIOT, PENZATO, AND GREENE, JJ.
WRIT GRANTED. Under the Sixth Amendment, a person' s right
to counsel attaches only at or after the time an adversary judicial proceedings have been initiated against him. See also La. Const. art. I, § 13; McNeil v. Wisconsin, 501 U. S. 171, 111 S. Ct. 2204, 115 L. Ed. 2d 158 ( 1991). Furthermore, the functions and duties of an indigent defender board are not implicated unless an individual is a defendant. See Cooks v. Rapides Parish Indigent Defender Board, 96- 811 ( La. 3d Cir. App. 12/ 11/ 96), 686 So. 2d 63, 66- 67, writ denied, 97- 0409 ( La. 3/ 27/ 97) , 692 So. 2d 398. the district Accordingly, court' s decision to appoint conflict counsel from the Terrebonne Parish Public Defender' s Office to provide representation to an indigent witness who invoked his Fifth Amendment privilege against self- incrimination at a suppression hearing was improper. The district court' s decision is reversed and this matter is remanded for further proceedings.
MRT ARP HG
COURT OF APPEAL, FIRST CIRCUIT
EPUTY CLERK OF COURT FOR THE COURT
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
State Of Louisiana v. Za'Shawn J. Rice, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-zashawn-j-rice-lactapp-2023.