No. 95-KD-0960
Precedential
Processed
James v. Cain
James v. Cain, 653 So. 2d 1179 (La. 1995).
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.