State v. Broussard

STATE of Louisiana v. Lennis Tommy BROUSSARD.

Supreme Court of Louisiana

Decided June 20, 1986.

Supreme Court of Louisiana · decided 1986-06-20

Key passage — most relied on by later courts

“After defendant is charged with criminal neglect of family, the provisions of R.S. 14:75, 75.1 and 75.2 come into play. Some of these are necessarily criminal in nature. The defendant is entitled to counsel and if he cannot afford one, counsel must be appointed to represent him. The trial judge shall explain the defendant's rights to him (cf. the customary "Boykin" examination) before any proceeding under 14:75 is initiated.”

quoted by 4 later decisions, including State v. St. Pierre, State v. Maxey

Good law ✅— No negative treatment on recordhow we know

Decided 1986-06-20

How this case has been cited

Cited by 15 later decisions — most recently April 2006

15 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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¶1PER CURIAM.

¶2The judgment of the court of appeal is reversed and vacated. The judgment of the district court granting the motion to quash is reinstated and the case against defendant is dismissed. R.S. 14:74 is a criminal statute. After defendant is charged with criminal neglect of family, the provisions of R.S. 14:75, 75.1 and 75.2 come into play. Some of these are necessarily criminal in nature. The defendant is *274 entitled to counsel and if he cannot afford one, counsel must be appointed to represent him. The trial judge shall explain the defendant's rights to him (cf. the customary "Boykin" examination) before any proceeding under 14:75 is initiated.

¶3LEMMON, J., would grant the writ and docket for argument.

¶4COLE, J., respectfully dissents.

¶5COLE, Justice dissenting.

¶6I believe a correct analysis of the law is set forth in the opinion by the Court of Appeal.