Legal Opinion · Dissent

State of Louisiana v. Marvin Santiago

Louisiana Court of Appeal

Decided March 7, 2023No. 2022-KA-0607Published

1Dissent

STATE OF LOUISIANA * NO. 2022-KA-0607 VERSUS * COURT OF APPEAL MARVIN SANTIAGO * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* JCL LOBRANO, J. DISSENTS AND ASSIGNS REASONS. I respectfully dissent from the majority opinion. I agree with the majority that Marvin Santiago (“Defendant”) and the State were each entitled to twelve peremptory challenges but that each only used six peremptory challenges. However, I find that Defendant’s attorney failed to place an objection to the limitation of peremptory challenges during voir dire before the jury was selected and sworn, as required by law,…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. BrooksSupreme Court of Louisiana · 1987
  3. State v. BienemyLouisiana Court of Appeal · 1986
  4. State v. SparrowLouisiana Court of Appeal · 1992
  5. State v. HowardSupreme Court of Louisiana · 1999

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