Supreme Court of Louisiana, 1980

Otis v. State ex rel. Department of Corrections

Supreme Court of Louisiana · Decided February 15, 1980 · Blanche, Dennis, Grant, Reason, Watson

379 So. 2d 1392; 1980 La. LEXIS 8158 (Southern Reporter, Second Series)

Opinion of the Court

In Re: James Otis, applying for Certiora-ri, or writ of review to the Court of Appeal, First Circuit, No. 12,862, Parish of E. Baton Rouge.

Writ granted. Case remanded to Court of Appeal for evaluation of the record.

Concurring Opinion

DENNIS, J.,

concurs. Although an opinion is not required in this case by the Court of Appeal, its per curiam does not make clear that it independently reviewed the evidence rather than basing its decision of the facts as found by the trial court.

BLANCHE, J., would grant for reason assigned by WATSON, J. WATSON, J.,

would grant the writ on the merits; he also dissents from the remand.

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