State ex rel. Johnson v. Henderson
Supreme Court of Louisiana
State ex rel. Johnson v. Henderson, 282 So. 2d 141 (La. 1973)
1973 La. LEXIS 6486
Dixon
State ex rel. Johnson v. Henderson
Opinion of the Court
In re: Horace Johnson applying for writs of certiorari and habeas corpus.
Writ refused. The application is premature. In the event, the Correctional authorities fail to properly execute the sentences, applicant has an adequate remedy at that time.
Concurring Opinion
concurs in the denial. Ha-beas corpus is not the proper remedy at this time. The proper determination of applicant’s correct sentence can be made in other proceedings, such as mandamus or declaratory action.
Reference
- Full Case Name
- STATE of Louisiana ex rel. Horace JOHNSON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
- Status
- Published