State ex rel. Brown v. Braniff

Supreme Court of Louisiana

State ex rel. Brown v. Braniff

475 So. 2d 348, 1985 La. LEXIS 9366

CourtSupreme Court of Louisiana

DecidedSeptember 27, 1985

DocketNo. 84-KH-1916

StatusPublished

This text of 475 So. 2d 348 (State ex rel. Brown v. Braniff) 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. Brown v. Braniff, 475 So. 2d 348, 1985 La. LEXIS 9366 (La. 1985).

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Opinion

In re Brown, Romell, applying for writ of certiorari, writ of review, Parish of Orleans, Criminal District Court, Div. “B”, No. 271-633.

Granted. The trial court is ordered to reconsider relator's application in light of C.Cr.P. art. 930.4 (especially 930.4F) and 930.7. Should the trial judge consider denying the application for relator’s failure to include these claims in a prior application he must first comply with 930.4F’s direction and “order the petitioner to state reasons for his failure.” Relator's claims in supplement to this application have yet to be considered in the district court. For purpose of judicial economy they too are transferred to the district court for consideration, rather than denied here because prematurely filed.

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In re Brown, Romell, applying for writ of certiorari, writ of review, Parish of Orleans, Criminal District Court, Div. “B”, No. 271-633.

Granted. The trial court is ordered to reconsider relator's application in light of C.Cr.P. art. 930.4 (especially 930.4F) and 930.7. Should the trial judge consider denying the application for relator’s failure to include these claims in a prior application he must first comply with 930.4F’s direction and “order the petitioner to state reasons for his failure.” Relator's claims in supplement to this application have yet to be considered in the district court. For purpose of judicial economy they too are transferred to the district court for consideration, rather than denied here because prematurely filed.

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Bluebook (online)

475 So. 2d 348, 1985 La. LEXIS 9366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brown-v-braniff-la-1985.