Supreme Court of Louisiana, 1973

Rogers v. State, Terrebonne Parish

Rogers v. State, Terrebonne Parish
Supreme Court of Louisiana · Decided April 12, 1973 · Barham
275 So. 2d 789; 1973 La. LEXIS 5787 (Southern Reporter, Second Series)

Rogers v. State, Terrebonne Parish

Opinion of the Court

In re: Raymond J. Rogers applying for writs of mandamus and habeas corpus.

Writ refused. According to return of Clerk of Court no application for speedy trial has been made to the trial court. Applicant must exhaust his remedies in the trial court.

Concurring Opinion

BARHAM, J.,

concurs. Applicant attaches a letter, or petition, to his writ which demands a speedy trial. It is contended that this was mailed to the district court. Despite the clerk’s return — without a contradictory hearing the question of request for speedy trial should not be resolved. However, relator has failed to file a writ of habeas corpus below and therefore we should pretermit a consideration of the merits.

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