Summary
relying upon Louisiana law and finding that an indictment is not subject to attack on appeal if it was not challenged in the trial court: "' defendant may not complain of the insufficiency of an indictment after verdict unless it is so defective that it does not set forth an identifiable offense against the laws of this state, and inform the defendant of the statutory basis of the offense'"
Summary of this case from Pea v. CainOpinion
Civil Action No. 04-742 SECTION "N" (3).
November 2, 2005
ORDER
The Court, after considering the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objections to the Magistrate Judge's Report and Recommendation filed by the petitioner on August 8, 2005 hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion herein. Therefore,
IT IS ORDERED that David Lapell's petition for issuance of a Writ of Habeas Corpus filed pursuant to Title 28 U.S.C. § 2254 is DISMISSED WITH PREJUDICE.