No. 53750 Precedential Processed

Walker v. Allen

Louisiana Supreme Court · Filed July 12, 1973 · 281 So. 2d 693

Cited by

McGee v. Jones 516 So. 2d 1222 La. Ct. App. 2d Cir. 1987
Barney's Family Market, Inc. v. Avoyelles Parish Police Jury 452 So. 2d 822 La. Ct. App. 3d Cir. 1984

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Greff 255 La. 211
Louisiana State Board of Medical Examiners v. Eastman 251 La. 1032
Davis v. Lesnack 208 So. 2d 318
Louisiana State Board of Medical Examiners v. England 251 La. 1033
Moity v. Mahfouz 242 La. 625
State v. Montgomery 250 La. 326

Opinion text

*694 Writ not considered. Applicant must first exhaust his remedies below by invoking the supervisory jurisdiction of the court having appellate jurisdiction in the premises (Twenty-fourth Judicial District Court) before invoking the supervisory jurisdiction of the Supreme Court. R.S. 13:2562.11. See State v. Greff, 255 La. 211 , 230 So.2d 81 (1969); La. St. Bd. of Medical Examiners v. Eastman, 251 La. 1032 , 208 So.2d 318 (1968); La. St. Bd. of Medical Examiners v. England, 251 La. 1033 , 208 So.2d 318 (1968); Moity v. Mahfouz, 242 La. 625 , 137 So.2d 514 (1961). SUPPLEMENTAL OPINION By supplement to the record in this application, it having been shown that the 24th Judicial District Court has denied supervisory jurisdiction in the matter, we grant this application and the Judge of the 24th Judicial District Court shall forthwith consider applicant’s petition for mandamus under its supervisory jurisdiction or show cause to the contrary in this court on or before July 23, 1973, at 10 o’clock a. m. Applicant cannot be sentenced as a second offender for he is not charged as such. La.Code Crim.P. Art. 483; State v. Montgomery, 250 La. 326 , 195 So.2d 285 (1967).