State ex rel. Fonseca v. Phelps

326 So. 2d 372 | La. | 1976

In re: Saul Fonseca and Leoncio Castillo applying for Writ of Habeas Corpus.

Writ Denied. The alleged trial error in opening statement is not reviewable by post-conviction proceedings. With regard to the alleged unconstitutional search, we are unable to say from the conclusory allegations of the application that the issues raised were not decided by the direct appeal. See State v. Smith, 283 So.2d 470 (La.1973).