Supreme Court of Louisiana, 1975

State ex rel. Simmons v. Henderson

State ex rel. Simmons v. Henderson
Supreme Court of Louisiana · Decided October 24, 1975 · Summers
320 So. 2d 916; 1975 La. LEXIS 4705 (Southern Reporter, Second Series)

State ex rel. Simmons v. Henderson

Dissenting Opinion

SUMMERS, J.,

is of the opinion the writ should be denied. Although the issue of double jeopardy is mentioned tangentially in the application, it is not assigned as error. Moreover, even if assigned, the application does not support the contention that double jeopardy occurred.

Opinion of the Court

In re: Andrew Simmons applying for Writ of Certiorari.

Writ denied in part and granted in part. Evidentiary hearing ordered relative to double jeopardy issue. See State ex rel. Wikberg v. Henderson, La., 292 So.2d 505.

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