State ex rel. Clifton v. Henderson 242 So. 2d 244, 257 La. 266

In re: Francis Aubrey Clifton applying for writ of habeas corpus.

Writ denied: The showing made does not entitle relator for the relief sought either under our original or supervisory jurisdiction.

BARHAM, J., is of the opinion the writ should be granted.

GLADNEY, J., is of the opinion the writ should be granted.

TATE, J.,

is of the opinion that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), requires that the petitioner be allowed credit for his period of incarceration prior to the re-sentencing; therefore, hearing on the writ should be granted.