Supreme Court of Louisiana, 1977

Cobb v. Amiss

Cobb v. Amiss
Supreme Court of Louisiana · Decided March 18, 1977 · Dixon, Tate
342 So. 2d 1113; 1977 La. LEXIS 5297 (Southern Reporter, Second Series)

Cobb v. Amiss

Opinion of the Court

In re: Larry B. Cobb, applying for writs of review, mandamus and certiorari.

Writ denied. On the showing made, the ruling of the trial judge is correct.

Dissenting Opinion

TATE, J.,

dissents. Due process is offended if an offender is sentenced on the basis of false information given ex parte to the sentencing judge. The petitioner is entitled to a hearing on these allegations. Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948); U.S. v. Espinoza, 481 F.2d 553 (C.A.5, 1973).

Dissenting Opinion

DIXON, J.,

dissents from denial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.