¶1Petitioner’s probation on the charge of carnal knowledge was revoked because he was subsequently convicted of the crime of simple kidnapping. His appeal on the kidnapping conviction, which is now final, resulted in an affirmance of that conviction. State of Louisiana v. Smith, La., 323 So.2d 797. However, this court in State ex rel. Smith v. Henderson, La., 323 So.2d 797, ordered an evidentiary hearing to determine whether petitioner’s conviction for simple kidnapping constituted double jeopardy. If that hearing results in a finding by the lower court or this court that petitioner’s right against double jeopardy were violated, petitioner may then seek appropriate relief from the revocation of his parole.
325 So. 2d 242
State ex rel. Smith v. Book
Decided January 28, 1976
Supreme Court of Louisiana · decided 1976-01-28
Relies on State v. Smith
Good law ✅— No negative treatment on recordhow we know
Decided 1976-01-28
How this case has been cited
Cited by 28 later decisions — most recently August 1999 · most notably Loyacano v. Loyacano (1978), 545 So. 2d 1341 - Weisfeld v. Weisfeld (1989)
2 federal appellate · 23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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