State v. Foster

In re Foster, Herbert; — Defendant(s); applying for writ of certiorari and/or review; Parish of Orleans, Criminal District Court, *1102Div. “J” No. 343-037; to the Court of Appeal, Fourth Circuit, No. 95KA-0585.

Granted in part; denied in part. The single attempt at domiciliary service upon relator by leaving the subpoena with an unidentified Ms. Lewis, who indicated that she did not see relator often at that address and refused to sign the return, did not establish that relator had actual notice of the proceedings and did not discharge the state’s heavy burden “to exercise due diligence in…