Legal Opinion · Dissent

State v. Andry

Supreme Court of Louisiana

Decided November 23, 1971No. 51262Published

1DissentSummers, Justice

By this and other “Per Curiam” decisions handed down today in this and other criminal appeals the court departs from the clear meaning of the constitution and from a tradition as old as the court itself.

In all felony prosecutions the accused is granted a constitutional right to appeal to this court from his conviction and sentence. La.Const. art. 7 § 10(5). When such an appeal is perfected a definitive judgment is required by the Supreme Court. This differs from the disposition of applications for writs, for the granting or refusal of an application for a writ is not a judgment. These…

2Cases cited9 opinions

  1. State v. SmithSupreme Court of Louisiana · 1971
  2. Bell v. HearneSupreme Court of the United States · 1857
  3. State v. WilliamsSupreme Court of Louisiana · 1967
  4. State v. BellamSupreme Court of Louisiana · 1954
  5. State ex rel. Union Sawmill Co. v. Summit Lumber Co.Supreme Court of Louisiana · 1906

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