State v. McNair

Supreme Court of Louisiana

State v. McNair

64 So. 3d 205, 2011 La. LEXIS 1669, 2011 WL 2713476

CourtSupreme Court of Louisiana

DecidedJune 21, 2011

Docket2011-KK-1285

StatusPublished

Cited by2 cases

This text of 64 So. 3d 205 (State v. McNair) 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. McNair, 64 So. 3d 205, 2011 La. LEXIS 1669, 2011 WL 2713476 (La. 2011).

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Opinion

In re State of Louisiana; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 488-598; to the Court of Appeal, Fourth Circuit, No. 2011-K-0781.

Writ granted. Reversed and remanded. Article 1, Section 17(A) of the Louisiana Constitution of 1974 provides that a defendant may waive his right to a trial by jury “but no later than forty-five days prior to the trial date and the waiver shall be irrevocable.” The trial judge erred in allowing the defendant to revoke his valid waiver of his right to trial by jury because the waiver can be made by defense counsel in the defendant’s presence in open court. State v. Phillips, 365 So.2d 1304 (La.1978); State v. Kahey, 436 So.2d 475 (La.1983). The ruling of the trial court is reversed. The case is remanded to the trial court for further proceedings.

JOHNSON, J., would deny the writ.

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In re State of Louisiana; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 488-598; to the Court of Appeal, Fourth Circuit, No. 2011-K-0781.

Writ granted. Reversed and remanded. Article 1, Section 17(A) of the Louisiana Constitution of 1974 provides that a defendant may waive his right to a trial by jury “but no later than forty-five days prior to the trial date and the waiver shall be irrevocable.” The trial judge erred in allowing the defendant to revoke his valid waiver of his right to trial by jury because the waiver can be made by defense counsel in the defendant’s presence in open court. State v. Phillips, 365 So.2d 1304 (La.1978); State v. Kahey, 436 So.2d 475 (La.1983). The ruling of the trial court is reversed. The case is remanded to the trial court for further proceedings.

JOHNSON, J., would deny the writ.

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64 So. 3d 205, 2011 La. LEXIS 1669, 2011 WL 2713476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcnair-la-2011.

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