State ex rel. Burse v. Henderson

Supreme Court of Louisiana
State ex rel. Burse v. Henderson, 275 So. 2d 788 (La. 1973)
1973 La. LEXIS 5789
Barham, Dixon

State ex rel. Burse v. Henderson

Opinion of the Court

In re: J. C. Burse applying for writs of habeas corpus, certiorari, prohibition and mandamus.

Writ denied. Showing made does not warrant the exercise of this Court’s supervisory jurisdiction.

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. See Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed. 2d 811; Swenson v. Bosler, 386 U.S. 258, 87 S.Ct. 996, 18 L.Ed.2d 33; and Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493.

Concurring Opinion

DIXON, J.,

concurs in the denial because this application does not present a demand for an out-of-term appeal because of failure of state to inform him of availability of free lawyer at a time when applicant was prevented from appealing because of his indigency.

Reference

Full Case Name
STATE of Louisiana ex rel. J. C. BURSE v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status
Published