No. 95-KD-0960 Precedential Processed

James v. Cain

Louisiana Supreme Court · Filed April 17, 1995 · 653 So. 2d 1179

Opinion text

LEMMON, Justice, concurring. The trial court erred in refusing to conduct a limited evidentiary hearing as to the evidence obtained by defense counsel over the past weekend. It is the province of the trial court to determine the credibility of that evidence, and the trial court should not have simply dismissed the application on procedural grounds. The refusal to conduct a hearing on this factual issue dictates a stay of execution.