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

DIXON, J.,

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