State ex rel. Raborn v. Bergeron
State ex rel. Raborn v. Bergeron, 178 So. 2d 663 (La. 1965).
Cited by
- Giglio v. State, Department of Child & Family Services 227 So. 3d 851 La. Ct. App. 1st Cir. 2017
- Isaac v. Benson Chevrolet Co. 885 So. 2d 38 La. Ct. App. 5th Cir. 2004
- Burkett v. Resolution Trust Corp. 757 So. 2d 819 La. Ct. App. 5th Cir. 2000
- Oliver v. Oliver 671 So. 2d 1081 La. Ct. App. 3d Cir. 1996
- Freedlander, Inc. v. Certain 623 So. 2d 677 La. Ct. App. 4th Cir. 1993
- West Jefferson Levee Dist. v. Mayronne 595 So. 2d 672 La. Ct. App. 5th Cir. 1992
- Kambur v. Kambur 583 So. 2d 1213 La. Ct. App. 1st Cir. 1991
- Donald G. Lambert Contractor v. State 577 So. 2d 341 La. Ct. App. 1st Cir. 1991
- Michel v. Home Town Supermarket, Inc. 493 So. 2d 142 La. Ct. App. 5th Cir. 1986
- Gibson v. Valentine Sugars, Inc. 485 So. 2d 620 La. Ct. App. 4th Cir. 1986
- Highlands Ins. Co. v. City of Lafayette 453 So. 2d 608 La. Ct. App. 3d Cir. 1984
- Pelto Oil Co. v. Collector of Revenue 424 So. 2d 1221 La. Ct. App. 1st Cir. 1982
Opinion text
SANDERS, J., is of the opinion that a writ should be granted. The habeas corpus proceeding was a summary proceeding in the district court. LSA-C.C.P. Arts. 2592, 3781, 3782, 3784. When it was filed and heard, the tutor of the minor child was seeking to have the child released and delivered to his custody by the defendant, Moran Bergeron, who bore no legal relationship to the child and had no custody order. The habeas corpus decision could be based only on the evidence adduced at the habeas corpus hearing. Without expressing any opinion on other legal questions or on the merits of the case, he is of the view that the district court committed legal error by deferring a decision of the habeas corpus proceeding and considering in its decision the confidential adoption report of the Department of Public Welfare filed in the Juvenile Court adoption matter while the habeas corpus was under advisement, as well as the subsequent proceedings in the adoption case.