Legal Opinion

Favor v. Henderson

District Court, W.D. Louisiana

Decided May 16, 1972No. Civ. A. No. 17628Published

1ConcurrenceBarham, Justice

A federal district judge has here, in his exercise of jurisdiction over a federal writ application, tried to exercise supervisory jurisdiction over a state court, in fact, over the Louisiana State Supreme Court. If that federal district court believes under its consideration of a federal writ application that an evidentiary hearing is required before a judge other than the trial court judge (who is the only judge designated by state law to consider this if it were a state writ), it should comply with the federal law which mandates the federal court to hold such a hearing. The federal district…

Also in this document: Dissent · Summers; Dissent · Barham.

2Cases cited1 opinion

  1. State ex rel. McNeely v. HendersonSupreme Court of Louisiana · 1970

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