Prater v. Hunt
Also decided on this docket: La. Ct. App. 4th Cir., March 8, 1971 245 So. 2d 751; La. Ct. App. 1st Cir., February 4, 1957 92 So. 2d 507
Prater v. Hunt, 279 So. 2d 242 (La. Ct. App. 1st Cir. 1973).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Simien v. Sheriff of Calcasieu Parish 186 So. 2d 669
- State Ex Rel. Jones v. Sheriff of Calcasieu Parish 185 So. 2d 80
Opinion text
FRUGÉ, Judge. By petition filed in this court, the relator Prater applies to our original jurisdiction to issue writs of habeas corpus ordering his release from custody in the Louisiana State Penitentiary on the grounds that he is being improperly detained in that institution. The original jurisdiction of the Louisiana courts of appeal is limited to matters arising in cases of which they have appellate jurisdiction. Since they do not have appellate jurisdiction in criminal matters, the original jurisdiction of these intermediate courts to issue writs of habeas corpus does not include within its scope the question of confinements arising by reason of criminal proceedings. See State ex rel. Simien v. Sheriff of Calcasieu Parish, 186 So.2d 669 (La.App. 3rd Cir. 1966); State ex rel. Jones v. Sheriff of Calcasieu Parish, 185 So.2d 80 (La.App. 3rd Cir. 1966). For the foregoing reasons, we deny the relator’s application for a writ of habeas corpus. Writ denied.