State ex rel. Fonseca v. Phelps
Supreme Court of Louisiana
State ex rel. Fonseca v. Phelps, 326 So. 2d 372 (La. 1976)
1976 La. LEXIS 4772
State ex rel. Fonseca v. Phelps
Opinion of the Court
In re: Saul Fonseca and Leoncio Castillo applying for Writ of Habeas Corpus.
Writ Denied. The alleged trial error in opening statement is not reviewable by post-conviction proceedings. With regard to the alleged unconstitutional search, we are unable to say from the conclusory allegations of the application that the issues raised were not decided by the direct appeal. See State v. Smith, 283 So.2d 470 (La. 1973).
Reference
- Full Case Name
- STATE of Louisiana ex rel. Saul FONSECA and Leoncio Castillo v. C. Paul PHELPS, Acting Warden, Louisiana State Penitentiary
- Status
- Published