No. 55266 Precedential Processed

State v. Williams

Louisiana Supreme Court · Filed October 18, 1974 · 302 So. 2d 18

Authorities cited

Identified automatically; this list may not be exhaustive.

Tolar v. State ex rel. Edwards 300 So. 2d 497
State v. Rhymes 282 So. 2d 526

Opinion text

BARHAM, J., is of opinion that relator is entitled to a preliminary examination. He was denied counsel, although indigent, for 30 days. A Bill of Information had to be filed 9 days after arrest. Under Louisiana law — C.Cr.P., Art. 292 — relator was entitled to a preliminary examination of right. See * . Timely appointment of counsel would have assured relator of this statutory right. Moreover, under due process clause of Constitution, relator is entitled to a preliminary hearing after arrest. See Pugh v. Rainwater, 483 F.2d 778 (5th Cir., 1973). See writ granted Sept. 30, 1974 in State v. Stewart, 300 So.2d 497 (La.1974). See also my concurrence in the granting of writs in State v. Jackson, 282 So.2d 526 (La.1973).