State v. Garrison

Supreme Court of Louisiana

Decided December 13, 1971

Supreme Court of Louisiana · decided 1971-12-13

Cited by 1 later decisions — most recently May 1973

1 state decisions

Key passage — most relied on by later courts

“"The ruling of the trial judge is correct. A district attorney ad hoc has no authority to institute a new and different criminal prosecution against the defendant. Both Article 682 of the Louisiana Code of Criminal Procedure and the order of appointment are explicit on this point. Article 682 restricts the powers of the district attorney ad hoc to the cases in which he was appointed. The order of appointment provides: `. . . the said appointee shall act as district attorney ad hoc, in and for the parish of Orleans, with reference to these cases only . . .'"”

quoted by 1 later decision, including 277 So. 2d 660 - State v. Snyder

Good law ✅— No negative treatment on recordhow we know

Decided 1971-12-13

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¶1In re: State of Louisiana applying for writs of review and remedial writs.

¶2Writ refused. The ruling of the trial judge is correct. A district attorney ad hoc has no authority to institute a new and different criminal prosecution against the defendant. Both Article 682 of the Louisiana Code of Criminal Procedure and the order of appointment are explicit on this point. Article 682 restricts the powers of the district attorney ad hoc to the cases in which he was appointed. The order of appointment provides: . . the said appointee shall act as district attorney ad hoc, in and for the parish of Orleans, with reference to these cases only . . .”