State Of Louisiana v. Za'Shawn J. Rice

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