Supreme Court of Louisiana, 1976

State ex rel. Payton v. Henderson

State ex rel. Payton v. Henderson
Supreme Court of Louisiana · Decided July 1, 1976
334 So. 2d 231; 1976 La. LEXIS 5378 (Southern Reporter, Second Series)

State ex rel. Payton v. Henderson

Opinion of the Court

In re: Roger Payton, applying for writ of habeas corpus and certiorari.

Application denied; no error is demonstrated for which relief can be granted. The alleged tainted in-court identification and the refusal to allow inspection of the police report were fully treated on the appeal of this conviction. State v. Payton, La., 294 So.2d 211 (1974). Further, under Kirby v. Ill., 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 applicant had no right to counsel at his pre-indictment lineup.

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