From Casetext: Smarter Legal Research

Walker v. Allen

Supreme Court of Louisiana
Jul 13, 1973
281 So. 2d 693 (La. 1973)

Opinion

No. 53750.

July 12, 1973. Supplemental Opinion July 13, 1973.


Writ not considered. Applicant must first exhaust his remedies below by invoking the supervisory jurisdiction of the court having appellate jurisdiction in the premises (Twenty-fourth Judicial District Court) before invoking the supervisory jurisdiction of the Supreme Court. R.S. 13:2562.11. See State v. Greff, 255 La. 211, 230 So.2d 81 (1969); La. St. Bd. of Medical Examiners v. Eastman, 251 La. 1032, 208 So.2d 318 (1968); La. St. Bd. of Medical Examiners v. England, 251 La. 1033, 208 So.2d 318 (1968); Moity v. Mahfouz. 242 La. 625, 137 So.2d 514 (1961).

SUPPLEMENTAL OPINION

By supplement to the record in this application, it having been shown that the 24th Judicial District Court has denied supervisory jurisdiction in the matter, we grant this application and the Judge of the 24th Judicial District Court shall forthwith consider applicant's petition for mandamus under its supervisory jurisdiction or show cause to the contrary in this court on or before July 23, 1973, at 10 o'clock a.m. Applicant cannot be sentenced as a second offender for he is not charged as such. La. Code Crim.P. Art. 483; State v. Montgomery, 250 La. 326, 195 So.2d 285 (1967).


Summaries of

Walker v. Allen

Supreme Court of Louisiana
Jul 13, 1973
281 So. 2d 693 (La. 1973)
Case details for

Walker v. Allen

Case Details

Full title:WILBERT WALKER, JR. v. HON. JUDGE DOUGLAS ALLEN

Court:Supreme Court of Louisiana

Date published: Jul 13, 1973

Citations

281 So. 2d 693 (La. 1973)

Citing Cases

McGee v. Jones

This case arose when plaintiff's application for an alcoholic beverage permit was denied by the Mayor's…

Barney's Family Mkt. v. Avoyelles P

Ordinarily, one must first exhaust other available remedies before seeking mandamus. Walker v. Allen, 281…