Supreme Court of Louisiana, 1981

State ex rel. Prejean v. Blackburn

State ex rel. Prejean v. Blackburn
Supreme Court of Louisiana · Decided November 27, 1981 · Dennis, Dixon, Grant, Writ
407 So. 2d 1189; 1981 La. LEXIS 10897 (Southern Reporter, Second Series)

State ex rel. Prejean v. Blackburn

Opinion of the Court

Re: Dalton Prejean applying for Supervisory and other Writs and A Stay Order, Parish of Lafayette, Number Unknown, venue changed to Ouachita Parish.

Denied. Stay order extended for 30 days to permit relator to apply to the federal court.

DIXON, C.J., would grant the writ.

Dissenting Opinion

DENNIS, J.,

dissents. The applicant raises a serious question which will soon be decided by the United States Supreme Court — whether a person under the age of 18 at the time of his offense may be executed. For this reason I believe this Court should stay the applicant’s execution only until the United States Supreme Court has decided the question.

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