State ex rel. Freeman v. Henderson
284 So. 2d 770
La.
1973
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Lead Opinion

In re: Ernest Freeman applying for writs of habeas corpus, certiorari, prohibition, mandamus and remedial writs.

Writ refused. The complaint raised here was presented and ruled upon in the original prosecution. The minutes on the back of the Bill of Information disclose that relator personally withdrew the appeal. Hence, the matter cannot be reurged in this post-conviction proceeding. See State ex rel. Barksdale v. Dees, 252 La. 434, 211 So.2d 318.





Concurrence Opinion

BARHAM and DIXON, JJ.,

concur. The reasons stated by the majority make a showing of a deliberate bypass of state remedy of appeal.