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404 So. 2d 1242

State v. Smith

Supreme Court of Louisiana

Decided September 8, 1981

Supreme Court of Louisiana · decided 1981-09-08

Decided 1981-09-08

¶1In re Ben Smith and Tyrone Smith, applying for remedial writs and stay order. Parish of Orleans. No. 281-123.

¶2Denied.

DIXON, C. J.,

¶3concurs in the denial, but if the issue is preserved for review on appeal, it will be before the Court for consideration. This denial, in itself, is not an approval of the selection of a “hanging jury” in a case that is not a genuine death case.

CALOGERO and DENNIS, JJ., would [grant the writ] and bring it before the Court.
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