Supreme Court of Louisiana, 1973

State ex rel. Gordon v. Henderson

State ex rel. Gordon v. Henderson
Supreme Court of Louisiana · Decided November 21, 1973 · Barham
284 So. 2d 778; 1973 La. LEXIS 6370 (Southern Reporter, Second Series)

State ex rel. Gordon v. Henderson

Opinion of the Court

In re: John Gordon applying for writs of mandamus and habeas corpus.

The application being only for mandamus to order the District Court to rule on application for habeas, and the District Court having ruled on the application on November 7, 1973, the application for mandamus is moot.

Concurring Opinion

BARHAM, J.,

concurs. The application to the trial court is insufficient to present the writ of habeas corpus here. A copy of the application below, minute entries, a showing of whether the issues presented here — i. e. grand jury venire challenge— was presented at trial, and whether an appeal was taken or if not — why not — will be pertinent to this Court. Applicant may file application in proper form here for the relief he sought below.

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