State ex rel. Prejean v. Smith

Supreme Court of Louisiana
State ex rel. Prejean v. Smith, 549 So. 2d 1237 (La. 1989)
1989 La. LEXIS 2397; 1989 WL 124516
Lemmon, Reasons

State ex rel. Prejean v. Smith

Opinion of the Court

In re: Prejean, Dalton; applying for Stay of Execution, Writ of Habeas Corpus, and *1238Writs of Certiorari, Prohibition and Mandamus; Parish of Lafayette, 15th Judicial District Court, Division “F”, Number 42358.

Denied.

LEMMON, J., concurs with reasons.

Concurring Opinion

LEMMON, Justice,

concurring.

The direct review of relator’s conviction was completed in 1980. The decision in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), is retroactive only in those cases which were pending on direct appeal at the time Batson was rendered. The Batson decision is therefore not applicable in the present case.

Reference

Full Case Name
STATE ex rel. Dalton PREJEAN v. Larry D. SMITH
Status
Published