State ex rel. Ash v. Henderson

Supreme Court of Louisiana

State ex rel. Ash v. Henderson

252 So. 2d 434, 259 La. 700, 1971 La. LEXIS 4055

CourtSupreme Court of Louisiana

DecidedSeptember 21, 1971

DocketNo. 51697

StatusPublished

This text of 252 So. 2d 434 (State ex rel. Ash v. Henderson) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Ash v. Henderson, 252 So. 2d 434, 259 La. 700, 1971 La. LEXIS 4055 (La. 1971).

Pincite

Opinion

In re: Alex Ash applying for writ of habeas corpus.

Granted. See order.

The petition of relator in the above numbered and entitled cause having been duly considered,

It is ordered that the Seventeenth Judicial District Court, Parish of Lafourche, without delay grant an evidentiary hearing on relator’s petition for a writ of habeas corpus filed in that Court and this Court, and make a determination of the merits of his application after the hearing. Evidence adduced at that hearing is limited to the question of whether a valid supporting affidavit was executed and relied upon before issuance of the search warrant. Inquiry into the constitutionality of the search and seizure in other respects is limited to the evidence previously adduced at the hearings on motions to suppress and the relevant evidence adduced during the trial.

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In re: Alex Ash applying for writ of habeas corpus.

Granted. See order.

The petition of relator in the above numbered and entitled cause having been duly considered,

It is ordered that the Seventeenth Judicial District Court, Parish of Lafourche, without delay grant an evidentiary hearing on relator’s petition for a writ of habeas corpus filed in that Court and this Court, and make a determination of the merits of his application after the hearing. Evidence adduced at that hearing is limited to the question of whether a valid supporting affidavit was executed and relied upon before issuance of the search warrant. Inquiry into the constitutionality of the search and seizure in other respects is limited to the evidence previously adduced at the hearings on motions to suppress and the relevant evidence adduced during the trial.

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Bluebook (online)

252 So. 2d 434, 259 La. 700, 1971 La. LEXIS 4055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ash-v-henderson-la-1971.