Supreme Court of Louisiana, 1974

State ex rel. Harvey v. Baudoin

State ex rel. Harvey v. Baudoin
Supreme Court of Louisiana · Decided April 5, 1974 · Barham, Granted, Should, Tate
292 So. 2d 245; 1974 La. LEXIS 3322 (Southern Reporter, Second Series)

State ex rel. Harvey v. Baudoin

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. The trial court has denied defendant-relator a preliminary examination under his “discretion” which actually is a simple finding that a bill of information has been filed. If “discretion” is the standard for granting a preliminary examination, it is abused here. However, “discretion” may not be the standard. See Pugh v. Rainwater, 5 Cir. 1973, 483 F.2d 778.

TATE, J., is of the opinion the writ should be granted.

Opinion of the Court

In re: Frank Harvey applying for Writ of Habeas Corpus.

Writ refused. The showing made is insufficient to warrant the exercise of our jurisdiction.

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