State v. Broussard

Summary

The Louisiana Supreme Court vacated the court of appeal’s order and remanded the case after addressing the random allotment of a capital case among judicial divisions. The court held that the district attorney’s office had no direct role in assigning the case and that, absent actual prejudice to due process rights, reallotment was unwarranted; it therefore affirmed the trial court’s ruling.

Holdings

1. The allotment procedure did not violate due process because the district attorney's office had no direct role in assigning respondent's case and the case was randomly assigned by computer among the judges handling criminal matters.
2. Reallotment was unwarranted.

Questions Presented

1. Whether the allotment procedure for respondent's capital case violated due process because the district attorney's office retained a role in selecting the judge.
2. Whether respondent was entitled to reallotment of his case based on the procedures used in the Fifteenth Judicial District.

Disposition

vacated