State v. Smith, 404 So. 2d 1242 (La. 1981). · Go Syfert
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STATE of Louisiana
v.
Ben SMITH and Tyrone Smith
No. 81-K-2404.
Supreme Court of Louisiana.
Sep 8, 1981.
404 So. 2d 1242
Bring, Calogero, Dennis, Dixon, Grant, Would, Writ.
Published

Lead Opinion

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

Denied.

Concurrence

DIXON, C. J.,

concurs 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.