State v. Bourque

Supreme Court of Louisiana

State v. Bourque

225 So. 2d 5, 254 La. 510, 1969 La. LEXIS 3371

CourtSupreme Court of Louisiana

DecidedJuly 16, 1969

DocketNo. 49966

StatusPublished

This text of 225 So. 2d 5 (State v. Bourque) 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 v. Bourque, 225 So. 2d 5, 254 La. 510, 1969 La. LEXIS 3371 (La. 1969).

Pincite

Opinion

In re: Holloway Bourque applying for writ of certiorari and mandamus.

Writ refused. The showing made is insufficient to warrant the exercise of our supervisory jurisdiction.

SUMMERS, J.,

concurs in the denial of writs. Since the issue is squarely presented by this application, it is my view that the trial of the civil case for damages against this accused prior to the trial of the criminal charge, involving the same transaction, is patently unfair. Under this situation the accused is prejudiced in the civil suit if he fails to take the stand, and if he does his [511]*511Fifth Amendment rights are impaired. The criminal prosecution should be disposed of prior to the trial of the civil 'suit. However, since the delay in the criminal trial is due, in part, to continuances granted on motion of the accused, the remedy of the accused is to move for a continuance of the civil case.

Free access — add to your briefcase to read the full text and ask questions with AI

In re: Holloway Bourque applying for writ of certiorari and mandamus.

Writ refused. The showing made is insufficient to warrant the exercise of our supervisory jurisdiction.

SUMMERS, J.,

concurs in the denial of writs. Since the issue is squarely presented by this application, it is my view that the trial of the civil case for damages against this accused prior to the trial of the criminal charge, involving the same transaction, is patently unfair. Under this situation the accused is prejudiced in the civil suit if he fails to take the stand, and if he does his [511]*511Fifth Amendment rights are impaired. The criminal prosecution should be disposed of prior to the trial of the civil 'suit. However, since the delay in the criminal trial is due, in part, to continuances granted on motion of the accused, the remedy of the accused is to move for a continuance of the civil case.

Cite This Page — Counsel Stack

Bluebook (online)

225 So. 2d 5, 254 La. 510, 1969 La. LEXIS 3371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bourque-la-1969.