Supreme Court of Louisiana, 1973

In re Neyrey

In re Neyrey
Supreme Court of Louisiana · Decided February 13, 1973 · Tate
272 So. 2d 694; 1973 La. LEXIS 5688 (Southern Reporter, Second Series)

In re Neyrey

Dissenting Opinion

TATE, J.,

dissents. A stay order should issue permitting the applicant to file his application for review. Contrary to usual principles, we are permitting the applicant to stay in jail while his lawyers complete the paper work to secure review of his contempt conviction. The direct contempt was committed on October 27, 1972. No punishment forthwith was ordered following the hearing of November 21, 1972. La.C.Civ.P. Art. 223. He was belatedly served on Feb. 10, Saturday, to appear on Monday, Feb. 12, 1973, to receive a ruling. His motions for continuance because his lawyer was out of town, warranted granting, because of serious legal and constitutional issues posed.

Opinion of the Court

In re: John Neyrey applying for writs of certiorari and review and writ of mandamus.

Writ denied. The showing made in the present application or supplemental does not warrant the exercise of this Court’s supervisory jurisdiction.

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