State ex rel. Ryan v. Sowers

Supreme Court of Louisiana January 25, 1973

State ex rel. Ryan v. Sowers, 271 So. 2d 532 (La. 1973)

1973 La. LEXIS 5539

Barham, Hamlin, Relief

Opinion of the Court

In re: William P. Ryan applying for remedial writs.

The application of William P. Ryan for relief is denied. Although we do not necessarily agree that the Court of Appeal lacked jurisdiction in the matter, the judgment of the district court is correct. See Smith v. Dunn, 263 La. 599, 268 So.2d 670 (1972).

HAMLIN, C. J., concurs in the denial of relief.

Dissenting Opinion

BARHAM, J.,

dissents. Smith v. Dunn, 263 La. 599, 268 So.2d 670 (1972) did not consider the constitutionality of R.S. 15:-574.12 and the refusal of reasons for denying parole. The constitutionality issue is specifically raised and in my opinion it is a very serious issue. The writ should be granted. Smith v. Dunn does not control.

Reference

Full Case Name: STATE of Louisiana ex rel. William P. RYAN v. Louis M. SOWERS, Director of Correctional Institution
Status: Published