State v. Polk

Supreme Court of Louisiana

State v. Polk

371 So. 2d 837, 1979 La. LEXIS 5814

CourtSupreme Court of Louisiana

DecidedJune 5, 1979

DocketNo. 64804

StatusPublished

This text of 371 So. 2d 837 (State v. Polk) 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. Polk, 371 So. 2d 837, 1979 La. LEXIS 5814 (La. 1979).

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Opinion

In re Robin Brett Polk, applying for writs of certiorari, review and mandamus. Parish of St. Tammany. No. 70156.

Writ granted. The cause is remanded to the trial court with direction to hold an evidentiary hearing to determine whether vel non the victim of the alleged kidnapping was released under such circumstances as would invoke the noncapital limitation of R.S. 14:44.

If the trial court finds that the capital penalty cannot be imposed under the terms of the statute, it is directed to admit the defendant to bail in such amount as it deems sufficient.

This Order is without prejudice to the right of the State to show that the non-capital limitation of R.S. 14:44 does not apply or to the right of the Defendant to re-urge his constitutional attack on the death penalty under R.S. 14:44 in the event that he is not admitted to bail after hearing.

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In re Robin Brett Polk, applying for writs of certiorari, review and mandamus. Parish of St. Tammany. No. 70156.

Writ granted. The cause is remanded to the trial court with direction to hold an evidentiary hearing to determine whether vel non the victim of the alleged kidnapping was released under such circumstances as would invoke the noncapital limitation of R.S. 14:44.

If the trial court finds that the capital penalty cannot be imposed under the terms of the statute, it is directed to admit the defendant to bail in such amount as it deems sufficient.

This Order is without prejudice to the right of the State to show that the non-capital limitation of R.S. 14:44 does not apply or to the right of the Defendant to re-urge his constitutional attack on the death penalty under R.S. 14:44 in the event that he is not admitted to bail after hearing.

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Bluebook (online)

371 So. 2d 837, 1979 La. LEXIS 5814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-polk-la-1979.