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State v. Clay

446 So. 2d 1213
CourtSupreme Court of Louisiana
DecidedMarch 9, 1984
Docket84-K-0074
StatusPublished

This text of 446 So. 2d 1213 (State v. Clay) 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. Clay, 446 So. 2d 1213 (La. 1984).

Opinion

446 So.2d 1213 (1984)

STATE of Louisiana
v.
Joseph CLAY.

No. 84-K-0074.

Supreme Court of Louisiana.

March 9, 1984.
Reconsideration Denied April 23, 1984.

Denied.

LEMMON, J., concurs. The trial judge, upon replacing the juror, should have stated for the record the precise reasons that the juror was unable to continue serving, as well as any alternatives to replacement that the judge had considered. Otherwise, our appellate court cannot review for abuse of discretion. However, since defendant failed to apply for a new trial to make a record in support of his objection or otherwise to establish prejudice, I concur in denying the application.

DENNIS, J., would grant the writ.

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446 So. 2d 1213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clay-la-1984.