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STATE v. SMALLS

No. 2009-KK-2695.

48 So.3d 212 (2010)

STATE of Louisiana v. Daniel SMALLS.

Supreme Court of Louisiana.

October 19, 2010.

Attorney(s) appearing for the Case

Joshua A. Perry , for Applicant.

James D. Caldwell , Attorney General, Leon A. Cannizzaro, Jr. , Dist. Atty, Matthew Caplan , Francis Xavier deBlanc, III , Asst. Dist. Attys., Phelps Dunbar, LLP, Harry Allan Rosenberg , New Orleans, for Respondent.

GUIDRY, Justice.*

We granted the defendant's writ application to determine whether, under the Louisiana Constitution, the non-elected commissioners of the Magistrate Section of the Criminal District Court for the Parish of Orleans may conduct trials and accept guilty pleas in misdemeanor cases under the authority of La.Rev.Stat. 13:1347. Because we find La.Rev.Stat. 13:1347 does not grant to the non-elected commissioners the same adjudicatory...

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