State v. Sam

Louisiana Court of Appeal

State v. Sam

623 So. 2d 1, 1993 La. App. LEXIS 2677, 1993 WL 289288

Louisiana Court of Appeal·Decided April 26, 1993·No. No. K93-438·Published·Cited by 1 cases

Opinions

WRIT DENIED: Relator’s conviction was final long before the decision in Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1991), and the Louisiana Supreme Court has held that the Cage decision should not be retroactively applied. See State ex rel. Taylor v. Whitley, 606 So.2d 1292 (La.1992). For this reason, we deny relator’s claim.

The claim made by the relator in his supplemental brief to this court is repetitive to his appeal and will not be considered. La. C.Cr.P. art. 930.4.

COOKS, J., dissents and assigns reasons.

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WRIT DENIED: Relator’s conviction was final long before the decision in Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1991), and the Louisiana Supreme Court has held that the Cage decision should not be retroactively applied. See State ex rel. Taylor v. Whitley, 606 So.2d 1292 (La.1992). For this reason, we deny relator’s claim.

The claim made by the relator in his supplemental brief to this court is repetitive to his appeal and will not be considered. La. C.Cr.P. art. 930.4.

COOKS, J., dissents and assigns reasons.

State v. Sam, 623 So. 2d 1, 1993 La. App. LEXIS 2677, 1993 WL 289288 (La. Ct. App. 1993).

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