86-KK-1003 Precedential Dismissed Processed

State v. Broussard

Louisiana Supreme Court · Filed June 20, 1986 · 490 So. 2d 273

Cited by

State of Louisiana v. Maureen Vallot La. Ct. App. 3d Cir. 2006
State v. Vallot 926 So. 2d 98 La. Ct. App. 3d Cir. 2006
Turner v. Busby 883 So. 2d 412 La. 2004
State v. King 707 So. 2d 1374 La. Ct. App. 3d Cir. 1998
State ex rel. Alexis 706 So. 2d 1074 La. Ct. App. 1st Cir. 1998
St. Germain v. Breaux 702 So. 2d 691 La. Ct. App. 1st Cir. 1997
State v. Sanders 648 So. 2d 1272 La. 1994
State v. Thomas 579 So. 2d 1086 La. Ct. App. 4th Cir. 1991
State v. Veal 579 So. 2d 486 La. Ct. App. 1st Cir. 1991
State v. Creamer 528 So. 2d 667 La. Ct. App. 2d Cir. 1988
State v. R.J.B. 524 So. 2d 272 La. Ct. App. 1st Cir. 1988
State v. Maxey 520 So. 2d 1000 La. Ct. App. 1st Cir. 1987

Opinion text

490 So.2d 273 (1986) STATE of Louisiana v. Lennis Tommy BROUSSARD. No. 86-KK-1003. Supreme Court of Louisiana. June 20, 1986. PER CURIAM. The judgment of the court of appeal is reversed and vacated. The judgment of the district court granting the motion to quash is reinstated and the case against defendant is dismissed. R.S. 14:74 is a criminal statute. After defendant is charged with criminal neglect of family, the provisions of R.S. 14:75, 75.1 and 75.2 come into play. Some of these are necessarily criminal in nature. The defendant is *274 entitled to counsel and if he cannot afford one, counsel must be appointed to represent him. The trial judge shall explain the defendant's rights to him (cf. the customary "Boykin" examination) before any proceeding under 14:75 is initiated. LEMMON, J., would grant the writ and docket for argument. COLE, J., respectfully dissents. COLE, Justice dissenting. I believe a correct analysis of the law is set forth in the opinion by the Court of Appeal.