Home/Supreme Court of Louisiana/State v. Nanlal

State v. Nanlal

701 So. 2d 963, 1997 WL 626520
CourtSupreme Court of Louisiana
DecidedSeptember 26, 1997
Docket97-K-0786
StatusPublished
Cited by50 cases

This text of 701 So. 2d 963 (State v. Nanlal) 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. Nanlal, 701 So. 2d 963, 1997 WL 626520 (La. 1997).

Opinion

701 So.2d 963 (1997)

STATE of Louisiana
v.
Trevor NANLAL.

No. 97-K-0786.

Supreme Court of Louisiana.

September 26, 1997.

Granted The judgment of the Fifth Circuit is vacated and this case is remanded to the district court for an evidentiary hearing on the question of whether relator validly waived his right to a jury trial through counsel in open court and in his presence before trial. See State v. Phillips, 365 So.2d 1304, *964 1308-09 (La.1978); State v. James, 94-0720 (La.App. 5th Cir. 5/30/95), 656 So.2d 746; State v. Cappel, 525 So.2d 335 (La.App. 1st Cir.), writ denied, 531 So.2d 468 (La.1988); State v. Bissett, 451 So.2d 181 (La.App. 1st Cir.1984). If the evidence shows that relator did not make a valid waiver of his right to a jury trial, the district court must set aside his conviction and sentence and grant him a new trial. Relator may appeal from any adverse ruling on the waiver issue.

CALOGERO, C.J., not on panel.

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701 So. 2d 963, 1997 WL 626520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nanlal-la-1997.