CAESAR v. HENDERSON, 262 La. 1127 (1972)

266 So.2d 433

LEONARD CAESAR v. C. MURRAY HENDERSON.

No. 52725.Supreme Court of Louisiana.
September 27, 1972.

In re: Leonard Caesar applying for writ of habeas corpus.

[1] Writ granted; it is ordered that applicant be granted credit against sentences in Nos. 153-042 and 153-602 for time spent in unit for criminally insane at East La. State Hospital at Jackson. [2] SUMMERS, J., dissents: From the allegations and representations of this application, I agree that an abuse of discretion is indicated in refusing credit for time served (10 years) while undergoing treatment for a mental condition prior to trial. I do not agree, however, that the sentence should be altered or modified, without granting the State or the Trial Judge an opportunity to be heard.