STATE EX REL. STEWART v. MAGGIO, 353 So.2d 1049 (La. 1978)

STATE OF LOUISIANA EX REL. JIMMIE STEWART v. ROSS MAGGIO, WARDEN, LOUISIANA STATE PENITENTIARY.

No. 61240.Supreme Court of Louisiana.
January 13, 1978.

In re: Jimmie Stewart applying for writ of habeas corpus. Parish of Orleans.

[1] Denied. [2] DIXON, CALOGERO and DENNIS, JJ., would grant the writ. [3] DIXON, J., is of the opinion this applicant is entitled to an out-of-time appeal on the showing made in this application. He shows he has been denied a copy of the 1970 hearing in the district court. He should therefore, at least be entitled to an evidentiary hearing.

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