Legal Opinion
Philip Landry v. Judge J. Robert Hoepfner and William Guste, Jr., Attorney General, State of Louisiana
Court of Appeals for the Fifth Circuit
Decided July 9, 1987No. 85-3784PublishedCited by 18 opinions
1Opinion of the Court
GARZA, Circuit Judge:
In this habeas petition, Philip Landry seeks to challenge his 1984 conviction in the State of Louisiana for driving while intoxicated (DWI). He argues that he was denied his constitutional right to a trial by jury, that the trial judge failed to advise him of his right to trial by jury, and that Article I, Section 17 of the Louisiana Constitution and Article 779 of the Louisiana Code of Criminal Procedure are unconstitutional as applied to a defendant charged with DWI. Finding merit in his sixth amendment claim, we hold that the charge of DWI constitutes a “serious”…
2Cases cited28 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Carnley v. CochranSupreme Court of the United States · 1962
- Welsh v. WisconsinSupreme Court of the United States · 1984
23 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. GoreSupreme Court of Connecticut · 2008
- Philip Landry v. Judge J. Robert Hoepfner and William Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1988
- State v. BartonSouth Dakota Supreme Court · 2001
- State v. NemeshNew Jersey Superior Court Appellate Division · 1988
- State v. WymanNew Jersey Superior Court Appellate Division · 1989
13 more not listed; retrieve them via the Exa API.