Supreme Court of Louisiana, 1975

Craft v. State

Supreme Court of Louisiana · Decided September 25, 1975 · Appeal, Calogero, Dixon, Error, Granted, Should, Tate

319 So. 2d 441; 1975 La. LEXIS 3919 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Watts v. Phelps (La. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re: Marion Paul Craft, widow of Elluis Craft applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 308 So.2d 290.

Writ denied. There is no error of law in the judgment complained of.

Dissenting Opinion

TATE, J.,

dissents. If the State is not willing to provide reasonable and adequate personal security for inmates held in Angola, the State should pay the family of inmates for damages they sustain as a result of this fault. See dissent in Parker v. State, 282 So.2d 483, 488 (La. 1973). Under the circumstances, the State has not come forward with an explanation repelling the inference of fault arising from the murder of one inmate in the State’s custody who was helpless to protect himself.

DIXON, J., is of the opinion the court of appeal is in error and the writ should be granted. CALOGERO, J., is of the opinion this writ should be granted.

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