STATE v. SMITH

No. 97-KA-1393.

729 So.2d 648 (1999)

STATE of Louisiana v. Mitchell E. SMITH

Court of Appeal of Louisiana, Fourth Circuit.

February 9, 1999.


Attorney(s) appearing for the Case

Byrne W. Dyer, III, Gretna, Louisiana, for defendant/appellant, Mitchell E. Smith.

Harry F. Connick, District Attorney, Karen Godail Arena, Assistant District Attorney, of Orleans Parish, New Orleans, Louisiana, for the State of Louisiana/appellee.


MURRAY, Judge.

The appeal of Mitchell E. Smith, who was convicted of crime against nature, presents a question that has not been addressed directly by any Louisiana court: Whether La.Rev. Stat. 14:89 A(1), which criminalizes private, non-commercial sexual activity between consenting adults, violates the right to privacy expressly guaranteed by Article 1, § 5 of the Louisiana Constitution.

STATEMENT OF THE CASE

Mitchell Smith was charged...

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