Supreme Court of Louisiana, 1989

State ex rel. Prejean v. Smith

State ex rel. Prejean v. Smith
Supreme Court of Louisiana · Decided October 19, 1989 · Lemmon, Reasons
549 So. 2d 1237; 1989 La. LEXIS 2397; 1989 WL 124516 (Southern Reporter, Second Series)

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.

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