Supreme Court of Louisiana, 1972

State v. Marks

Supreme Court of Louisiana · Decided October 26, 1972

263 La. 355; 268 So. 2d 253; 1972 La. LEXIS 5341

Cases that cite this one

2 later published cases cite this decision.

Roberts v. Louisiana (Supreme Court of the United States 1976)
State v. Preece (La. 1972)

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

PER CURIAM.

Defendant, Terrance Marks, Jr., was convicted of aggravated rape and the death sentence imposed was affirmed by this Court. 252 La. 277, 211 So.2d 261 (1968).

Citing Stewart v. Massachusetts, 408 U. S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), following Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the United States Supreme Court vacated the judgment herein insofar as it left undisturbed the death penalty imposed and remanded this case to this Court for further proceedings. 408 U.S. 933, 92 S.Ct. 2849, 33 L.Ed.2d 746 (1972).

We construe the Mandate of the United States Supreme Court to require the imposition of a sentence other than death. Cf., State v. Shaffer, 260 La. 605, 257 So.2d 121 (1971) and State v. Duplessis, 260 La. 644, 257 So.2d 135 (1971).

*358Accordingly, in compliance with the Mandate of the United States Supreme Court, the death sentence imposed upon defendant is annulled and set aside, and the case is remanded to the 14th Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment.

Case remanded.

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