State v. Doyle

STATE of Louisiana v. Georgia Ann DOYLE.

Supreme Court of Louisiana

Decided March 8, 1974.

Supreme Court of Louisiana · decided 1974-03-08

Relies on McNabb v. United States · Hurtado v. People of the State of California · Pugh v. Rainwater

Good law ✅— No negative treatment on recordhow we know

Decided 1974-03-08

How this case has been cited

Cited by 13 later decisions — most recently February 1994

1 federal appellate · 11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Writ refused. No error in the ruling.

¶2BARHAM, J., is of the opinion the preliminary hearing ordered before indictment should be had requiring the state to show probable cause even though a grand jury indictment has since issued. I am of the opinion an independent magistrate's determination of probable cause must be had regardless of a district attorney's filing a bill of information or a grand jury returning an indictment. See Pugh v. Rainwater, 483 F.2d 778 (5 Cir., 1973); Hurtado v. California, 110 U.S. 516, 4 S.Ct. 111, 28 L. Ed. 232 (1884); McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1943). See also search and seizure cases. If a magistrate's intervention for probable cause is required for search and seizure certainly detention of person in jail with total deprivation of liberty requires a judicial determination of probable cause.