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· 6/19/1961

Breaux v. Magnolia Petroleum Co.

Citations

  • 131 So. 2d 615
  • 1961 La. App. LEXIS 1251

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that trial counsel’s failure to consult with and call an expert on narcotics to challenge officers’ accounts of a drug transaction, which were central to the government’s case, fell below the norms of professional standards
  • finding probable cause to search and arrest defendant where other individual in observed hand-to-hand discarded small item upon seeing police
  • trial counsel’s decision was not strategic because it “didn't occur to [him] to” consult with an expert witness (alteration in original)
  • “A reviewing court must rely upon trial counsel’s actual decision-making process, . . . rather than invent a post hoc rationalization . . . .”
  • “[C]ounsel’s deficiency must have resulted in substantial prejudice.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Culpep, Frugé, Hood, Savoy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.