State ex rel. Williams v. State

Jun 17, 1998
No. 98-KD-1643
Versions:747 So. 2d 487
1998 La. LEXIS 1969
1998 WL 337786

Lead Opinion

PER CURIAM.*

The application is denied. When a federal or state district court grants a stay of execution but the order is immediately reversed by the appellate court on the basis that the district court lacked authority, La.Rev.Stat. 15:567 C does not require the setting of a new execution date; the execution may proceed on the date originally fixed.

The merits of relator’s post-conviction application should be addressed to the federal courts.

JOHNSON, J., dissents.

Notes

Calogero, C.J., not on panel.



Concurrence Opinion

LEMMON, Justice,

concurring.

The purpose of La.Rev.Stat. 15:567 C is to provide the time period for setting a new execution date when such action is necessary; the purpose is not to necessitate a new execution date when the original execution date is reinstated by reversal of an order that stayed the execution on the originally fixed date.





Dissenting Opinion

JOHNSON, Justice,

dissenting.

I am of the opinion that R.S. 15:567(C) requires that a new execution date be sent.

ON RECONSIDERATION

Reconsideration Denied.

LEMMON, J., concurs and assigns reasons.

JOHNSON, J., would grant reconsideration.

CALOGERO, C.J., not on panel.