Supreme Court of Louisiana, 1987

State ex rel. Berry v. Phelps

State ex rel. Berry v. Phelps
Supreme Court of Louisiana · Decided June 2, 1987 · Calogero, Dennis
507 So. 2d 827; 1987 La. LEXIS 9334 (Southern Reporter, Second Series)

State ex rel. Berry v. Phelps

Opinion of the Court

In re: Berry, Benjamin A.; Applying for Post Conviction Relief (The Great Writ of Habeas Corpus); Parish of Jefferson 24th Judicial District Court Div. “A” Number 78-2151.

Denied.

Dissenting Opinion

CALOGERO and DENNIS, JJ.,

would grant the stay in order to consider the Caldwell v. Mississippi issue in this case. That issue, in relator’s case, has not yet been considered by the federal courts. The jury in relator’s trial, as in Caldwell, was told esséntially that extensive appellate review would follow their verdict; in effect that the jury’s verdict was only an interim step. See Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985).

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