Supreme Court of Louisiana, 1973

State ex rel. Grant v. Henderson

State ex rel. Grant v. Henderson
Supreme Court of Louisiana · Decided March 20, 1973 · Barham, Calogero, Dixon
274 So. 2d 392; 1973 La. LEXIS 6674 (Southern Reporter, Second Series)

State ex rel. Grant v. Henderson

Opinion of the Court

In re: Emile Grant and Albert Dixon applying for writs of certiorari, prohibition, mandamus and for a stay order.

Writ denied. Find no error in ruling of trial court.

Concurring Opinion

BARHAM, J.,

concurs in the denial but only for the reason that relator had not specified the documents desired in under the subpoena duces tecum. It is relator’s obligation to determine and specify the documents he desires subpoenaed.

Concurring Opinion

DIXON and CALOGERO, JJ.,

concur in the denial. C.Cr.P. 732 requires the subpoena be issued if the documents are described and identified. However, the clerk and D. A. are not required to research the public records for the applicant.

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