State v. Lobato

Supreme Court of Louisiana

State v. Lobato

627 So. 2d 644, 1993 La. LEXIS 3259, 1993 WL 468153

CourtSupreme Court of Louisiana

DecidedNovember 12, 1993

DocketNo. 93-K-2030

StatusPublished

Cited by1 cases

This text of 627 So. 2d 644 (State v. Lobato) 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.

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State v. Lobato, 627 So. 2d 644, 1993 La. LEXIS 3259, 1993 WL 468153 (La. 1993).

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Opinion

In re Lobato, Daniel R.; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 22728-KA; Parish of Ouachita, 4th Judicial District Court, Div. “I”, No. 45,247.

Granted in part; denied in part. This case is remanded to the district court to conduct an evidentiary hearing on the question of whether counsel’s representation of both the defendant and Phillips led him to refrain from negotiating a favorable plea bargain with the state on the defendant’s behalf which may have entailed the defendant’s agreement to appear and testify for the state at the trial of Phillips. See Ruffin v. Kemp, 767 F.2d 748 (11th Cir.) 1985. In all other respects, the application is denied.

HALL and KIMBALL, JJ., dissent. LEMMON, J., not on panel.

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In re Lobato, Daniel R.; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 22728-KA; Parish of Ouachita, 4th Judicial District Court, Div. “I”, No. 45,247.

Granted in part; denied in part. This case is remanded to the district court to conduct an evidentiary hearing on the question of whether counsel’s representation of both the defendant and Phillips led him to refrain from negotiating a favorable plea bargain with the state on the defendant’s behalf which may have entailed the defendant’s agreement to appear and testify for the state at the trial of Phillips. See Ruffin v. Kemp, 767 F.2d 748 (11th Cir.) 1985. In all other respects, the application is denied.

HALL and KIMBALL, JJ., dissent. LEMMON, J., not on panel.

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627 So. 2d 644, 1993 La. LEXIS 3259, 1993 WL 468153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lobato-la-1993.

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