Supreme Court of Louisiana, 1976

State v. Bradford

State v. Bradford
Supreme Court of Louisiana · Decided January 30, 1976 · Calogero, Dixon, Grant, Tate, Writ
325 So. 2d 572; 1976 La. LEXIS 4030 (Southern Reporter, Second Series)

State v. Bradford

Opinion of the Court

In re Luther J. Bradford and Robert H. Blumberg, applying for writ of habeas corpus.

Writ denied.

Concurring Opinion

DIXON, J.,

concurs in the denial. The evidence referred to was known by the applicants to be false, was collateral to the issues and might be relevant in mitigation, but was clearly not determinative of guilt.

CALOGERO, J., would grant this writ.

Dissenting Opinion

TATE, J.,

dissents on the ground that it is fundamentally unfair for the state to secure a conviction based on the evidence which it should reasonably know is perjured. Further, allegations that an un-counselled conviction was used to impeach credibility in violation of Loper v. Beto, 405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 (1972).

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