State v. Huey

Supreme Court of Louisiana

State v. Huey

266 So. 2d 214, 262 La. 1073, 1972 La. LEXIS 4937

CourtSupreme Court of Louisiana

DecidedSeptember 18, 1972

DocketNo. 52631

StatusPublished

This text of 266 So. 2d 214 (State v. Huey) 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. Huey, 266 So. 2d 214, 262 La. 1073, 1972 La. LEXIS 4937 (La. 1972).

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Opinion

BARHAM, J.,

is of opinion the writ should be granted. See Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed. 2d 923, and United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 for a clear U. S. Supreme Court adjudication of the precise issue contrary to the trial court.

DIXON, J., is of the opinion that the writ should be granted. We should not avoid consideration of the constitutionality of the statute under which defendant is charged. In the event of conviction, defendant has no right of appeal unless the sentence is long enough to give this court jurisdiction. There is no right of appeal in Louisiana unless the sentence exceeds minimums fixed in our Constitution.

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BARHAM, J.,

is of opinion the writ should be granted. See Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed. 2d 923, and United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 for a clear U. S. Supreme Court adjudication of the precise issue contrary to the trial court.

DIXON, J., is of the opinion that the writ should be granted. We should not avoid consideration of the constitutionality of the statute under which defendant is charged. In the event of conviction, defendant has no right of appeal unless the sentence is long enough to give this court jurisdiction. There is no right of appeal in Louisiana unless the sentence exceeds minimums fixed in our Constitution.

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Bluebook (online)

266 So. 2d 214, 262 La. 1073, 1972 La. LEXIS 4937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-huey-la-1972.

Opinion

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