State ex rel. Payton v. Henderson

334 So. 2d 231, 1976 La. LEXIS 5378

Opinion

In re: Roger Payton, applying for writ of habeas corpus and certiorari.

Application denied; no error is demonstrated for which relief can be granted. The alleged tainted in-court identification and the refusal to allow inspection of the police report were fully treated on the appeal of this conviction. State v. Payton, La., 294 So.2d 211 (1974). Further, under Kirby v. Ill., 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 applicant had no right to counsel at his pre-indictment lineup.