State ex rel. Welcome v. Blackburn

Supreme Court of Louisiana June 26, 1985

State ex rel. Welcome v. Blackburn, 470 So. 2d 879 (La. 1985)

1985 La. LEXIS 9037

Calogero, Dennis, Dixon, Grant, Writ

Opinion of the Court

In re: Welcome, Herbert; Applying for Stay of Execution, Supervisory Writs and Writ of Habeas Corpus; Parish of Iberia 16th Judicial District Court Div. “C” Number 57,900

Denied.

DENNIS, J., would grant the writ.

Concurring Opinion

DIXON, C.J., and CALOGERO, J.,

would grant the stay of execution and the writ. This 26 year old illiterate retarded black with a mental age of 8 killed a white man in a family-type fight, and his auntie. The insanity instruction could have been misunderstood by the sentencing jury in a way that kept them from considering his mental impairment when deciding that he had the intent to kill more than one person.

Reference

Full Case Name: STATE ex rel. Herbert WELCOME v. Frank BLACKBURN, Warden Louisiana State Penitentiary at Angola, Louisiana
Status: Published