State v. Brasley

Supreme Court of Louisiana

State v. Brasley

17 So. 3d 941, 2009 La. LEXIS 3513, 2009 WL 3248218

CourtSupreme Court of Louisiana

DecidedAugust 24, 2009

Docket2009-KK-1847

StatusPublished

Cited by3 cases

This text of 17 So. 3d 941 (State v. Brasley) 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. Brasley, 17 So. 3d 941, 2009 La. LEXIS 3513, 2009 WL 3248218 (La. 2009).

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Opinion

In re Brasley, Darrick; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 487-260; to the Court of Appeal, Fourth Circuit, No. 2009-K-1022.

Granted; Stay Lifted. The trial court is properly concerned about conflicts of interest; however, nothing in the record of this matter establishes there is a conflict in this case. LSA-R.S. 15:142(B)(2) provides that the public defender system must be free from judicial interference. While the public defender’s office has both a statutory, LSA-R.S. 15:142(B)(2), and an ethical obligation, pursuant to the Rules of Professional Conduct, to avoid conflicts, the autonomy afforded the public defender’s office to provide indigent defense counsel militates against the ruling by the trial court in this particular case. As such, the writ is granted and the ruling of the *942 trial court is reversed. The stay previously granted in this matter is lifted.

VICTORY, J., would deny the writ.

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In re Brasley, Darrick; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 487-260; to the Court of Appeal, Fourth Circuit, No. 2009-K-1022.

Granted; Stay Lifted. The trial court is properly concerned about conflicts of interest; however, nothing in the record of this matter establishes there is a conflict in this case. LSA-R.S. 15:142(B)(2) provides that the public defender system must be free from judicial interference. While the public defender’s office has both a statutory, LSA-R.S. 15:142(B)(2), and an ethical obligation, pursuant to the Rules of Professional Conduct, to avoid conflicts, the autonomy afforded the public defender’s office to provide indigent defense counsel militates against the ruling by the trial court in this particular case. As such, the writ is granted and the ruling of the *942 trial court is reversed. The stay previously granted in this matter is lifted.

VICTORY, J., would deny the writ.

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Bluebook (online)

17 So. 3d 941, 2009 La. LEXIS 3513, 2009 WL 3248218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brasley-la-2009.

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