Supreme Court of Louisiana, 1972

State ex rel. Brooks v. Henderson

State ex rel. Brooks v. Henderson
Supreme Court of Louisiana · Decided December 5, 1972 · Barham, Tate
263 La. 798; 269 So. 2d 248; 1972 La. LEXIS 5481

State ex rel. Brooks v. Henderson

Opinion of the Court

Application denied; the showing made does not justify the exercise of our jurisdiction.

BARHAM, J.,

is of the opinion that an evidentiary hearing is required to inquire into the constitutionality of the line up identification.

Concurring Opinion

TATE, J.,

concurs in Barham, J.’s opinion. Aside from the lacle of counsel, petitioner alleges other facts which, if true, may have led to an irreparably suggestive pre-indictment identification.

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