State ex rel. DeVille v. Henderson

Supreme Court of Louisiana

State ex rel. DeVille v. Henderson

253 So. 2d 792, 259 La. 951, 1971 La. LEXIS 3834

CourtSupreme Court of Louisiana

DecidedNovember 8, 1971

DocketNo. 51800

StatusPublished

Cited by1 cases

This text of 253 So. 2d 792 (State ex rel. DeVille 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. DeVille v. Henderson, 253 So. 2d 792, 259 La. 951, 1971 La. LEXIS 3834 (La. 1971).

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Opinions

In re: Moses DeVille, Jr. applying for writ of habeas corpus.

Writ refused. The showing made is insufficient to warrant the exercise of our original or supervisory jurisdiction.

BARHAM, J.,

is of the opinion the writ should be granted and assigns written reasons.

TATE, J.

No evidence was taken or transcribed at the hearing below. An evidentiary hearing is required by the present allegations, Kitchens v. Smith, 401 U.S. 847, 91 S.Ct. 1089, 28 L.Ed.2d 519 (1971). This should be held in state court, to prevent the disruptiqn of state judicial administration that will occur when state officials are forced to testify in a federal forum. See State ex rel. Walker v. Henderson, 259 La. 712, 252 So.2d 438 (1971).

DIXON, J., is of the opinion the writ should be granted.

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