State v. Jackson

Supreme Court of Louisiana October 30, 1984

State v. Jackson, 457 So. 2d 1179 (La. 1984)

1984 La. LEXIS 10091

Appeal, Dennis, Dixon, Does, Prevent, Relief, Remedies, Ruling, That

Opinion of the Court

In re: Jackson, Wade, Applying for Stay, Emergency Writ & Remedial Writ Parish of Orleans Criminal District Court Div. “F”, No. 300-608.

Denied. Information furnished this Court indicates that the indictment of which relator complains has already been introduced at trial (probably over his objection). This being the case the relief sought by relator, to exclude such evidence, is no longer available.

DIXON, C.J., and DENNIS, J., concur, believing that the ruling of this Court does not prevent the relator from seeking relief by other remedies or by appeal.

Concurring Opinion

DIXON, C.J.,

is further of the opinion that Milton v. Procunier, 744 F.2d 1091, United States Court of Appeals, Fifth Circuit, does not permit the introduction of an indictment for another offense. See CCrP 770.

Reference

Full Case Name: STATE of Louisiana v. Wade JACKSON
Status: Published