Supreme Court of Louisiana, 1979

State v. Gambino

State v. Gambino
Supreme Court of Louisiana · Decided January 31, 1979 · Blanche, Summers
367 So. 2d 381; 1979 La. LEXIS 8059 (Southern Reporter, Second Series)

State v. Gambino

Dissenting Opinion

SUMMERS, C. J.,

dissents. This Court has previously granted a stay of execution to this applicant in excess of the time permitted. Finally stay of execution was denied by this Court and in the United States Supreme Court. In my view, the majority of this Court is without authority to grant a further stay of execution where application for certiorari has been filed in the United States Supreme Court and that Court has denied a stay of execution.

Dissenting Opinion

BLANCHE, J.,

dissents. Relator exercised his remedy with the U. S. Supreme Court and the same relief he received here today was denied by that court. The writ should be denied.

Opinion of the Court

In re Warren Gambmo, applying for motion to recall mandate. Orleans Parish.

Under our supervisory jurisdiction, execution of the sentence is stayed for an additional ninety days from this date or until the denial of certiorari by the United States Supreme Court, whichever occurs sooner.

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