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LANDRY v. HOEPFNER

No. 85-3784.

840 F.2d 1201 (1988)

Philip LANDRY, Petitioner-Appellant, v. Judge J. Robert HOEPFNER and William Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

March 17, 1988.

Attorney(s) appearing for the Case

Mark McTernan, McTernan, Parr & Rummage, New Orleans, La., for petitioner-appellant.

Wayne J. Blanchard, Shreveport, La., for amicus curiae—La. Assoc. Crim. Def. Lawyers.

Okla Jones, City Atty., New Orleans, La., for amicus curiae—City of New Orleans.

Louis M. Fischer, Criminal Div., Dept. of Justice, Washington, D.C., for amicus curiae —U.S.

Dorothy A. Pendergast, Research and Appeals, Gretna, La., for respondents-appellees.

Rene I. Salomon, Asst. Atty. Gen., Baton Rouge, La., for amicus curiae—DA's.

E. Pete Adams, Executive Director, La. Dist. Attys. Assoc., Inc., Baton Rouge, La., for amicus curiae—Exec. Dir. La. DA's Assoc.

Before CLARK, Chief Judge, GEE, RUBIN, GARZA, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, and JONES, Circuit Judges.

GARWOOD, Circuit Judge:

The question presented in this habeas corpus case is whether in a Louisiana prosecution for a first offense of operating a vehicle while intoxicated (DWI), the Sixth Amendment, as made applicable to the states by the Fourteenth Amendment, entitles the accused to a jury trial notwithstanding that the five hundred dollars fine and six months' imprisonment maximum penalty prescribed for the infraction does not exceed that appropriate for "petty...

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