State ex rel. Byrd v. Henderson

Supreme Court of Louisiana
State ex rel. Byrd v. Henderson, 323 So. 2d 470 (La. 1975)
1975 La. LEXIS 5229
Dixon, Sanders, Summers

State ex rel. Byrd v. Henderson

Opinion of the Court

In re: Charles Donald Byrd, applying for writs of habeas corpus, certiorari, prohibition and mandamus.

Writ granted; Evidentiary Hearing ordered to determine whether applicant was an indigent at the time he was denied court appointed counsel.

Dissenting Opinion

SANDERS, C. J.,

dissents from granting of writ. An evidentiary hearing was held as to indigency, and he accepts the finding of the trial judge.

Dissenting Opinion

SUMMERS, J.,

dissents from the granting of this evidentiary hearing, being of the opinion that the finding of the trial judge refutes the allegations of this application.

Concurring Opinion

DIXON, J.,

concurs in the grant; there has been no hearing on this habeas application.

Reference

Full Case Name
STATE of Louisiana ex rel. Charles Donald BYRD, a/k/a Charles Hancock v. C. Murray HENDERSON, Warden Louisiana State Penitentiary
Cited By
1 case
Status
Published