State ex rel. Grant v. Henderson

Supreme Court of Louisiana
State ex rel. Grant v. Henderson, 274 So. 2d 392 (La. 1973)
1973 La. LEXIS 6674
Barham, Calogero, Dixon

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.

Reference

Full Case Name
STATE of Louisiana ex rel. Emile GRANT and Albert Dixon v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status
Published