Supreme Court of Louisiana, 1976

State ex rel. Weathers v. Maggio

Supreme Court of Louisiana · Decided April 23, 1976 · Calogero, Dennis, Dixon, Evi, Granted, Should, That

330 So. 2d 280; 1976 La. LEXIS 4573 (Southern Reporter, Second Series)

Dissenting Opinion

CALOGERO, J.,

dissents. Applicant is entitled to an evidentiary hearing and a finding by the trial judge on his habeas contentions.

DENNIS, J., is of the view that an evi-dentiary hearing should be granted.

Opinion of the Court

In re: Ronald Ray Weathers applying for Writs of Habeas Corpus, Certiorari, Prohibition and Mandamus, 304 So.2d 662.

Writ denied. The ruling of the trial court is correct.

Dissenting Opinion

DIXON, J.,

dissents from the refusal. The applicant complains of ineffective assistance of counsel. The trial court did not rule on this contention. We cannot rule on it. There has been no evidentiary hearing and applicant has an absolute right to a judicial determination of the validity of his complaint of constitutional infirmity of his conviction.

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