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371 So. 2d 1331

State v. Bailey

Decided June 11, 1979

Decided 1979-06-11

¶1In re David C. Bailey, applying for writs of certiorari, prohibition and mandamus. Parish of Calcasieu. No. 3210-79.

¶2Denied.

TATE, CALOGERO and DENNIS, JJ.,

¶3dissent. An indigent defendant charged with first degree murder cannot be denied the means of proving a defense, if any, of insanity. The constitutional right of indigents to be assured effective representation of counsel requires the state to afford this defendant’s counsel the relief desired. The state risks reversal of any conviction obtained by its denial to the defendant of this constitutional right.

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