Legal Opinion

Heymann v. State of Louisiana

District Court, E.D. Louisiana

Decided May 26, 1967No. Crim. A. 30594PublishedCited by 8 opinions

1Opinion of the Court

HEEBE, District Judge.

The two petitioners were indicted on March 3, 1966, by the Grand Jury for the Parish of Orleans for the crime of theft. The prosecution was removed by these petitioners from the Criminal District Court, Parish of Orleans, State of Louisiana, to this Court under the provisions of 28 U.S.C.A. § 1443(1) and the first clause of § 1443(2). The State of Louisiana moved for an order remanding the case to the state court on the ground that removal is not authorized by § 1443(1) or (2).

Under 28 U.S.C.A. § 1447(c) the Court must remand a case if it appears at any time prior to…

2Cases cited6 opinions

  1. Bolling v. SharpeSupreme Court of the United States · 1954
  2. City of Greenwood v. PeacockSupreme Court of the United States · 1966
  3. Georgia v. RachelSupreme Court of the United States · 1966
  4. Edgar Labat and Clifton Alton Poret v. Robert B. Bennett, Acting Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1966
  5. Carson v. DunhamSupreme Court of the United States · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Town of Freedom, Okl. v. Muskogee Bridge Co., Inc.District Court, W.D. Oklahoma · 1978
  2. Kemp v. Dayton Tire and Rubber CompanyDistrict Court, W.D. Oklahoma · 1977
  3. Griffin v. LouisianaDistrict Court, E.D. Louisiana · 1967
  4. Pennsylvania v. CivillDistrict Court, W.D. Pennsylvania · 1970
  5. Pennsylvania v. LeonardDistrict Court, W.D. Pennsylvania · 1970

3 more not listed; retrieve them via the Exa API.

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