State v. Van Blair
| Decision Date | 13 December 1971 |
| Docket Number | No. 51980,51980 |
| Citation | 260 La. 133,255 So.2d 355 |
| Parties | STATE of Louisiana v. Fred S. VAN BLAIR. |
| Court | Louisiana Supreme Court |
In re: Fred S. Van Blair applying for certiorari, mandamus and prohibition.
Writ denied. A jury trial is not required when, as here, the maximum sentence does not exceed six months. Baldwin v. New York, 399 U.S. 66, 90 S.Ct. 1886, 26 L.Ed.2d 437 (1970). Cf. Louisiana State Board of Medical Examiners v. Bates, 258 La. 1049, 249 So.2d 127 (1971).
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State v. Thigpen
... ... Notwithstanding the inadequacy of the defendant's arguments, inasmuch as a jury trial is not required when, as here, the maximum sentence does not exceed six months, Baldwin v. New York, 399 U.S. 66, 90 S.Ct. 1886, 26 L.Ed.2d 437 (1970), State v. Van Blair, 260 La. 133, 255 So.2d 355 (1971), cf. Louisiana State Board of Medical Examiners v. Bates, 258 La. 1049, 249 So.2d 127 (1971), this Court notes, Ex proprio motu our trial brother imposed an illegal sentence ... La.R.S. 14:98(C) states the maximum imprisonment for a second ... ...
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