Legal Opinion

State v. Wallace

Supreme Court of Louisiana

Decided November 6, 2009No. 2009-KK-1621PublishedCited by 11 opinions

1Opinion of the Court

VICTORY, J.*

hWe granted this writ application to address an issue in Orleans Parish Criminal District Court involving individuals arrested without a warrant not receiving a probable cause determination within 48 hours of arrest, as required by La. C. Cr. P. art. 230.2, and to clarify the duties of judicial officers pursuant to this article. After reviewing the record and the applicable law, we reverse the judgment of the magistrate court and find that, because this defendant did not receive the required probable cause determination within 48 hours of his arrest, he was entitled to immediate…

2Cases cited7 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  3. State v. VarmallSupreme Court of Louisiana · 1989
  4. State v. NeislerSupreme Court of Louisiana · 1994
  5. State v. WallaceSupreme Court of Louisiana · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Waganfeald v. GusmanCourt of Appeals for the Fifth Circuit · 2012
  2. State v. RochonSupreme Court of Louisiana · 2011
  3. State v. HillLouisiana Court of Appeal · 2011
  4. STATE EX REL. WILLIAMS v. StateSupreme Court of Louisiana · 2010
  5. STATE EX REL. WILLIAMS v. StateSupreme Court of Louisiana · 2010

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