State ex rel. McNeely v. Henderson

Not considered. An application identical to the one now pending was previously denied by both our state district court and this court, upon a determination that a writ of habeas corpus was not warranted after a consideration of the application and attached documents. La.C.Cr.P. Art. 354. Relator then filed the same application in federal district court. There a federal district judge, who apparently had a view contrary to that of our state courts and believed an evidentiary hearing should be held, retained jurisdiction over the application but “requested” or ordered the state district court…