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VICTORY, J., concurs in the result and assigns reasons.
State: Louisiana
Court: Supreme Court
Docket No: VICTORY,
Case Date: 01/01/2008
Preview:04/15/2008 "See News Release 028 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA No. 08-KK-804 STATE OF LOUISIANA VERSUS ANTHONY BELL ON WRIT OF REVIEW TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

VICTORY, J., CONCURS IN THE RESULT AND ASSIGNS REASONS. In my view, the trial court should have maintained its ruling that once the defendant chose to represent himself, he was to do so throughout the entire trial. However, the state has not taken a writ from the trial court's current ruling that standby counsel are now to represent the defendant in the penalty phase of this trial. As the majority notes, a defendant may not force a postponement of trial, or, in the present case, the penalty phase of a capital trial, by manipulating his right to counsel.

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