Supreme Court of Louisiana, 1975

State ex rel. Martin v. Henderson

State ex rel. Martin v. Henderson
Supreme Court of Louisiana · Decided December 17, 1975
323 So. 2d 472; 1975 La. LEXIS 4778 (Southern Reporter, Second Series)

State ex rel. Martin v. Henderson

Opinion of the Court

In re: Thomas Martin, applying for writ of habeas corpus, mandamus, certiora-ri and prohibition.

Application denied: The sentencing court has jurisdiction over this petition for habeas corpus relief. Louisiana Code of Criminal Procedure articles 352 and 362(2). The defendant is not entitled to the relief sought: A person convicted of a crime is not entitled to time spent in custody for an earlier offense, even though the prosecution for it is subsequently dismissed. Cf., Louisiana Code of Criminal Procedure article 880 (as amended in 1970) and State ex rel. Johnson v. Henderson, 303 So.2d 741 (La. 1974).

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