Supreme Court of Louisiana, 1978

State v. Healy

Supreme Court of Louisiana · Decided November 22, 1978 · Dennis, Dixon, Reasons, Tate

364 So. 2d 1307; 1978 La. LEXIS 6918 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Charles A. Healy v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary (5th Cir. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Affirmed.

TATE, J., dissents with written reasons. DENNIS, and DIXON, JJ., dissent for the reasons assigned by TATE, J.

Dissenting Opinion

TATE, Justice,

dissenting.

Gruesome photographs of the shaven corpse of the victim were admitted into evidence, although the defendant stipulated to identity of the victim. The photographs were introduced for the sole purpose of their shocking and prejudicial effect. State v. Gilmore, 332 So.2d 789 (La. 1976) requires reversal.

In addition, borderline error was committed by the denial, under the allegations, of exculpatory evidence that a paraffin gun-firing detection test conducted on the defendant was negative. However, the issue may be reviewed by a post-conviction proceeding and thus does not require reversal.

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