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409 So. 2d 1226

State v. Trosclair

Supreme Court of Louisiana

Decided January 25, 1982

Supreme Court of Louisiana · decided 1982-01-25

Decided 1982-01-25

¶1In Re: Angelo Trosclair, III, applying for Writs of Certiorari, Mandamus, Prohibition *1227and Stay Order, Orleans Parish, No. 282-580.

¶2Granted. It is ordered that the defense lawyer not be placed on the stand. On the showing made, there is no necessity to place the defense lawyer on the stand. On the showing made by the defendant in support of his motion in arrest of judgment, as set forth in this application, the motion in arrest of judgment is without merit.

BLANCHE, J., would deny the writ.
LEMMON, J.,

¶3concurs. The defendant bears the burden of proving his waiver of a jury trial was not knowingly made, and proof of lack of a colloquy on the record does not meet this burden. The State, therefore, need not question defendant’s trial attorney at this time, and it is not necessary for us now to pass on the propriety of calling that attorney to the stand.

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