KIRK v. STATE

No. 87-CA-2586.

526 So.2d 223 (1988)

Philip KIRK, Jr. and his attorney, C. Frank Holthaus v. STATE of Louisiana.

Supreme Court of Louisiana.

May 26, 1988.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Rene Salomon, Asst. Atty. Gen., for appellant.

C. Frank Holthaus, Baton Rouge, for appellee.

Thomas L. Lorenzi, Godwin, Roddy, Lorenzi, Watson & Sanchez, Lake Charles, Rebecca L. Hudsmith, Shreveport, Keith B. Nordyke, Nordyke & Denlinger, Baton Rouge, John Wilson Reed, New Orleans, amicus curiae for plaintiffs-appellees.


LEMMON, Justice.

The State of Louisiana has invoked this court's appellate jurisdiction to seek review of a judgment of the trial court which declared La.R.S. 14:322.1 to be unconstitutional. La. Const. art. V, § 5(D).

This action began with a petition for a declaratory judgment and injunctive relief filed by Philip Kirk, Jr., who had been indicted in federal court on five counts of mail fraud, and by C. Frank Holthaus, Kirk's attorney in the criminal...

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