Supreme Court of Louisiana, 1974

City of New Orleans v. Caldwell

City of New Orleans v. Caldwell
Supreme Court of Louisiana · Decided June 21, 1974 · Calogero
295 So. 2d 819; 1974 La. LEXIS 3558 (Southern Reporter, Second Series)

City of New Orleans v. Caldwell

Opinion of the Court

In re: James Caldwell, applying for Writs of Certiorari, Prohibition, Mandamus and Stay Order.

Writ denied. The application is premature. Applicant has not exhausted his remedy in the Court below. See La. Constitution Art. VII § 94(i).

Dissenting Opinion

CALOGERO, J.

I dissent from the refusal to grant this writ. Our supervisory jurisdiction permits by passing appeal to the Criminal District Court. I would grant the writ and examine the City of N. O. obscenity ordinance (for Constitutionality) without additional delay.

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