Opinion
No. 52600.
June 23, 1972.
In re: Michael Silvers applying for writs of prohibition, certiorari and mandamus, and stay order, and alternatively, writ of habeas corpus.
Stay order issued June 23, 1972 at 3:00 p.m. See order.
SUMMERS, J., dissents. See order.
ORDER
To: Louis A. Heyd, Jr., Criminal Sheriff, Parish of Orleans and Honorable Clarence Dowling, Judge, Civil District Court, Parish of Orleans.
The relator, Michael Silvers, is ordered released from custody pending action of this Court on the merits of his application. The trial court is ordered to stay any proceedings in this contempt action against this relator until this Court can review the merits of his application for the exercise of our supervisory jurisdiction. Relator is given five days to file the proper proceeding with us in compliance with our Rules. The trial court may file a return in response to this application within five days thereafter.
SUMMERS, J., dissents. The application does not comply with the rules of this Court. There is no claim of indigency or that counsel could not be retained to prepare a proper application. In my view this non-compliance is a dilatory tactic employed to further circumvent the authority of the trial court.