State v. Hudson

Supreme Court of Louisiana November 19, 1982

State v. Hudson, 431 So. 2d 1050 (La. 1982)

1982 La. LEXIS 12563

Application, Calogero, Dixon, Does, Executory, From, Jurisdiction, Relate, Sentence, Shall, Thing, Transferring, Whether

Opinion of the Court

Transferred. In this writ application, the relator seeks review of the revocation of his probation. He does not seek to reverse or modify his conviction or sentence. Hence, this is not a writ application relating to a conviction or a sentence, and does not constitute a matter over which this Court has exclusive jurisdiction. It was properly filed originally in the court of appeal. La.Const. 1974, Art. 5 § 5(E). See State v. James Williams, 418 So.2d 1351.

DIXON, C.J., and CALOGERO, J., dissent from the order transferring this application. The only thing this application does “relate to” is the sentence, to determine whether it shall be made executory, and this Court has exclusive jurisdiction.

Reference

Full Case Name: STATE of Louisiana v. Gregory HUDSON
Cited By: 2 cases
Status: Published