STATE, BURT v. BLACKBURN, 373 So.2d 521 (La. 1979)

STATE OF LOUISIANA EX REL. RICHARD BURT v. FRANK BLACKBURN, WARDEN LOUISIANA STATE PENITENTIARY.

No. 64619.Supreme Court of Louisiana.
June 15, 1979.

In re Richard Burt, applying for writs of habeas corpus, certiorari prohibition, and mandamus. Jefferson Parish. 77-165.

[1] Writ granted. A new trial is ordered on the motion to return applicant’s property. The applicant (possessor) is entitled to the property unless the state can show it is the property of others, or that it is contraband. See R.S. 15:41. [2] SUMMERS, C.J., dissents from the order. There is no showing to warrant the exercise of this Court’s jurisdiction.

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