State ex rel. Freeman v. Henderson

Supreme Court of Louisiana
State ex rel. Freeman v. Henderson, 284 So. 2d 770 (La. 1973)
1973 La. LEXIS 6533
Barham, Dixon

State ex rel. Freeman v. Henderson

Opinion of the Court

In re: Ernest Freeman applying for writs of habeas corpus, certiorari, prohibition, mandamus and remedial writs.

Writ refused. The complaint raised here was presented and ruled upon in the original prosecution. The minutes on the back of the Bill of Information disclose that relator personally withdrew the appeal. Hence, the matter cannot be reurged in this post-conviction proceeding. See State ex rel. Barksdale v. Dees, 252 La. 434, 211 So.2d 318.

Concurring Opinion

BARHAM and DIXON, JJ.,

concur. The reasons stated by the majority make a showing of a deliberate bypass of state remedy of appeal.

Reference

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