STATE EX REL. FONSECA v. PHELPS

No. 57419.

326 So.2d 372 (1976)

STATE of Louisiana ex rel. Saul FONSECA and Leoncio Castillo v. C. Paul PHELPS, Acting Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

February 6, 1976.


Writ Denied. The alleged trial error in opening statement is not reviewable by post-conviction proceedings. With regard to the alleged unconstitutional search, we are unable to say from the conclusory allegations of the application that the issues raised were not decided by the direct appeal. See State v. Smith, 283 So.2d 470

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