Opinion
No. 59361.
April 1, 1977.
IN RE: STATE OF LOUISIANA APPLYING FOR CERTIORARI, MANDAMUS AND PROHIBITION.
Writ Granted. The ruling of the trial court is reversed. The attorney-client privilege does not extend to the fact of representation, including the identity of the client. State v. Hayes, 324 So.2d 421 (La. 1975). This ruling is not to be construed as suggesting that the state may elicit from the attorney witness over further objection any further information, particularly trial. The case is remanded to the trial court.
DIXON, J., dissents from the grant. The majority apparently misunderstands the ruling of the trial court, because the majority states that defendant's former attorney is prohibited from testifying as to defendant's prior conviction. Further, this court should strongly discourage the interruption of prosecutions for the state to challenge in this court evidentiary rulings of the trial judge, particularly when not critical to the prosecution.
DENNIS, J., is of the view that the writ should be denied or granted for a full hearing. The court should not rule on this issue precipitously and without careful consideration after entertaining briefs and oral arguments from both parties.