State ex rel. Copeland v. Smith
State ex rel. Copeland v. Smith
Opinion of the Court
GRANTED. Execution is stayed pending further orders of this Court.
Evidentiary hearing ordered on all claims for relief. The trial judge is ordered to reconsider his ruling on the recusal motion and assign written reasons for his ruling prior to holding the evidentiary hearing.
Concurring Opinion
concurs in the order. Relator should supplement and amend his motion to recuse to include the factual allegations which are made in the supplement to the writ application filed here this day.
Dissenting Opinion
dissenting.
The defendant has been tried twice, convicted twice and sentenced to death twice. This court has previously affirmed the conviction and death penalty. The United States Supreme Court has denied relief and refused a rehearing. No showing has been made defendant did not receive a fair trial. The post-conviction claims do not warrant a stay of execution. 1, therefore, respectfully dissent from the majority’s order.
Reference
- Full Case Name
- STATE ex rel. James COPELAND v. Larry D. SMITH, Warden, Louisiana State Penitentiary
- Cited By
- 1 case
- Status
- Published