Supreme Court of Louisiana, 1971

State ex rel. Barksdale v. Henderson

Supreme Court of Louisiana · Decided January 27, 1971 · Does, Exercise, Hamlin, Jurisdiction, That, Warrant

257 La. 551; 242 So. 2d 886; 1971 La. LEXIS 4632

Cases that cite this one

2 later published cases cite this decision.

United States of America Ex Rel. Bruce Barksdale v. Frank Blackburn, Warden, Louisiana State Penitentiary (5th Cir. 1981)
United States of America Ex Rel. Bruce Barksdale v. Frank Blackburn, Warden, Louisiana State Penitentiary (5th Cir. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The showing made does not warrant the exercise of either our original or supervisory jurisdiction. Considering the voir dire examination as a whole, the jurors named in the application were properly challenged for cause under the principles announced in Witherspoon v. Illinois. Moreover, no jury predisposed to capital punishment could have resulted since the defendant may challenge for cause under the law of this state any prospective juror opposed to a qualified verdict. See State v. Henry, 196 La. 217, 198 So. 910 (1941); State v. Jackson, 227 La. 642, 80 So.2d 105 (1955); State v. Weston, 232 La. 766, 95 So.2d 305 (1957). The record discloses that all jurors selected affirmed their willingness to consider a qualified verdict.

HAMLIN, J., concurs on the ground that the showing made does not warrant the exercise of our supervisory jurisdiction.

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