State ex rel. Hamilton v. Cain

Supreme Court of Louisiana

State ex rel. Hamilton v. Cain

716 So. 2d 365, 1998 La. LEXIS 1034, 1998 WL 233299

CourtSupreme Court of Louisiana

DecidedMarch 25, 1998

DocketNo. 98-KD-0765

StatusPublished

This text of 716 So. 2d 365 (State ex rel. Hamilton v. Cain) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Hamilton v. Cain, 716 So. 2d 365, 1998 La. LEXIS 1034, 1998 WL 233299 (La. 1998).

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Opinion

In re Hamilton, Marcus; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “H”, No. 324-246.

Stay of execution is granted. The execution of Marcus Hamilton scheduled for March 26,1998 is stayed pending the completion of post conviction relief proceedings. Because the defendant has not had a first opportunity to file a petition for post conviction relief, and based on his representations that he will file a petition for post conviction relief by May 12, 1998, defendant is hereby ordered to file such petition in the appropriate district court on or before May 12, 1998. Failure to file on or before May 12, 1998, shall result in the dissolution of this stay order and the trial court shall reset the execution date pursuant to La.R.S. 15:567. Defendant’s writ is otherwise denied.

TRAYLOR and KNOLL, JJ., would deny the writ. VICTORY, J., not on panel.

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In re Hamilton, Marcus; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “H”, No. 324-246.

Stay of execution is granted. The execution of Marcus Hamilton scheduled for March 26,1998 is stayed pending the completion of post conviction relief proceedings. Because the defendant has not had a first opportunity to file a petition for post conviction relief, and based on his representations that he will file a petition for post conviction relief by May 12, 1998, defendant is hereby ordered to file such petition in the appropriate district court on or before May 12, 1998. Failure to file on or before May 12, 1998, shall result in the dissolution of this stay order and the trial court shall reset the execution date pursuant to La.R.S. 15:567. Defendant’s writ is otherwise denied.

TRAYLOR and KNOLL, JJ., would deny the writ. VICTORY, J., not on panel.

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Bluebook (online)

716 So. 2d 365, 1998 La. LEXIS 1034, 1998 WL 233299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hamilton-v-cain-la-1998.