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STATE EX REL. BUSH v. HENDERSON

No. 55612.

304 So.2d 667 (1974)

STATE of Louisiana ex rel. Arlington BUSH v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

December 13, 1974.

Granted. Evidentiary hearing ordered. See order.

SUMMERS, J., dissents from the granting of this hearing. See Herring v. Estelle, 491 F.2d 125 (5 Cir., 1974) and State v. Richey, 258 La. 1094, 249 So.2d 143 (1971). Errorless counsel is not sacramental in all cases. An infield identification shortly after commission of the crime is not error.

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