State v. Davis
Supreme Court of Louisiana
1DissentCalogero, Chief Justice
hi dissent from the action of the court in recalling the writ as improvidently granted. The defendant’s pro se writ application was granted, the case briefed, and oral arguments made by the defendant pro se and the district attorney. At this juncture, the case should be decided on the merits. Furthermore, I believe the defendant is entitled to the relief he seeks.
The defendant contends in this court that he did not engage in any behavior that constituted resisting arrest and that he simply acted within his constitutional right to remain silent on behalf of himself and his son in refusing to…
2Cases cited5 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- State v. CaptvilleSupreme Court of Louisiana · 1984
- State v. HuguetSupreme Court of Louisiana · 1979
- Melancon v. TrahanLouisiana Court of Appeal · 1994
- State v. DaigleLouisiana Court of Appeal · 1997