Supreme Court of Louisiana, 1978

State ex rel. Stewart v. Maggio

Supreme Court of Louisiana · Decided January 13, 1978 · Calogero, Dennis, Dixon, Grant, Writ

353 So. 2d 1049; 1978 La. LEXIS 5259 (Southern Reporter, Second Series)

Opinion of the Court

In re: Jimmie Stewart applying for writ of habeas corpus. Parish of Orleans.

Denied.

DIXON, CALOGERO and DENNIS, JJ., would grant the writ.

Concurring Opinion

DIXON, J.,

is of the opinion this applicant is entitled to an out-of-time appeal on the showing made in this application. He shows he has been denied a copy of the 1970 hearing in the district court. He should therefore, at least be entitled to an eviden-tiary hearing.

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