State ex rel. Brown v. Henderson

Supreme Court of Louisiana November 6, 1972

State ex rel. Brown v. Henderson, 263 La. 246 (La. 1972)

267 So. 2d 907; 1972 La. LEXIS 5429

Barham, Dixon, Granted, Should, Tate

Opinion of the Court

Application denied. The showing made does not warrant the exercise of our original or supervisory jurisdiction.

BARHAM, J., is of the opinion the writ should be granted.

Dissenting Opinion

DIXON, J.,

dissents from the refusal. As long as La. law requires a hearing unless the application clearly shows applicant is not entitled to it (C.Cr.P. 354), I must dissent. This defendant alleges inadequate appointed counsel. No bills of exceptions were perfected by counsel, and we refused on appeal to rule upon them, thus effectively denying the defendant’s right of appeal.

TATE, J., joins in Dixon, J.’s dissent.

Reference

Full Case Name: STATE of Louisiana ex rel. Joseph A. BROWN and William H. Matthews v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status: Published