Supreme Court of Louisiana, 1974

State ex rel. Bush v. Henderson

State ex rel. Bush v. Henderson
Supreme Court of Louisiana · Decided December 13, 1974 · Summers
304 So. 2d 667; 1974 La. LEXIS 4503 (Southern Reporter, Second Series)

State ex rel. Bush v. Henderson

Opinion of the Court

In re: Arlington Bush, applying for writ of habeas corpus, alternatively certiorari, prohibition, injunctive relief or any other available remedies.

Granted. Evidentiary hearing ordered. See order.

Dissenting Opinion

SUMMERS, J.,

dissents from the granting of this hearing. See Herring v. Estelle, 491 F.2d 125 (5 Cir., 1974) and State v. Richey, 258 La. 1094, 249 So.2d 143 (1971). Errorless counsel is not sacramental in all cases. An infield identification shortly after commission of the crime is not error.

On considering the petition of relator in the aboved numbered and entitled cause:

Ordered that the Honorable Nestor Cur-rault, Jr., Judge of the Twenty-Fourth Judicial District Court, Parish of Jefferson, grant an evidentiary hearing on relator’s petition for a writ of habeas corpus filed in that Court and in this Court, and make a determination of the merits of his application after the hearing.

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