Supreme Court of Louisiana, 1988

State ex rel. Monroe v. Butler

State ex rel. Monroe v. Butler
Supreme Court of Louisiana · Decided November 29, 1988 · Calogero, Cole, Dennis, From, Lemmon, Marcus, Watson
534 So. 2d 429; 1988 La. LEXIS 2384; 1988 WL 127024 (Southern Reporter, Second Series)

State ex rel. Monroe v. Butler

Concurring Opinion

CALOGERO, DENNIS and LEMMON, JJ.,

additionally concur:

Relator, having been denied an application for writ from this Court, asks that we grant a stay of execution in order to permit him to seek a review of that action from the United States Supreme Court. Considering that the evidentiary hearing in the state district court which was followed by our writ denial was conducted at the instance of the federal district court, and that the federal district court’s action was affirmed by the federal Fifth Circuit Court of Appeals, we grant the requested stay of execution in order to permit relator to have the most recent state actions reviewed by the United States Supreme Court.

MARCUS, WATSON and COLE, JJ., dissent from the order.

Opinion of the Court

In re Ronald Monroe applying for Stay of Execution pending application to the United States Supreme Court from the Criminal District Court, Parish of Orleans No. 261-647.

Granted. The execution is stayed pending timely filing and disposition by the U.S. Supreme Court of relator’s petition for writ of certiorari.

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