Legal Opinion
State v. Franklin
Supreme Court of Louisiana
Decided December 16, 2011No. 2011-KK-1909PublishedCited by 3 opinions
1Opinion of the Court
PER CURIAM.1
11 Granted. The ruling of the Fourth Circuit is reversed, the trial court’s order directing defendant to provide a buccal sample is reinstated, and this case is remanded for further proceedings consistent with the views expressed herein.
In this pending prosecution on three counts of first degree murder, the court of appeal has taken the position that the state may take a buccal sample from defendant for purposes of DNA testing if, and only if, it establishes that its evidence has produced an unknown DNA profile. State v. Franklin, 10-0564, p. 7 (La.App. 4th Cir.8/11/10), 46 So.3d…
2Cases cited6 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- United States v. CortezSupreme Court of the United States · 1981
- State v. LeeSupreme Court of Louisiana · 2008
- United States v. MitchellCourt of Appeals for the Third Circuit · 2011
- State v. O'HAGENSupreme Court of New Jersey · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. WebbLouisiana Court of Appeal · 2014
- State v. MedinaSupreme Court of Vermont · 2014
- State v. ShuppLouisiana Court of Appeal · 2016