State v. Sawyer

Supreme Court of Louisiana

State v. Sawyer

588 So. 2d 704, 1991 WL 239650

CourtSupreme Court of Louisiana

DecidedNovember 14, 1991

DocketNo. 91-KD-2602

StatusPublished

This text of 588 So. 2d 704 (State v. Sawyer) 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 v. Sawyer, 588 So. 2d 704, 1991 WL 239650 (La. 1991).

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Opinion

CALOGERO, Chief Justice,

dissenting.

I would grant the stay to consider two questions: (1) whether the Supreme Court’s decision in Cage v. Louisiana, — U.S. -, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990), announced a new rule or was dictated by the Court’s past precedents, including In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970); and (2) if Cage v. Louisiana governs this case, whether this Court can say that the erroneous definition of reasonable doubt given by the trial court to the jury did not contribute to the verdict and was therefore harmless beyond a reasonable doubt. Yates v. Evatt, — U.S.-, 111 S.Ct. 1884, 114 L.Ed.2d 432 (1991); State v. Cage, 583 So.2d 1125 (La.1991).

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CALOGERO, Chief Justice,

dissenting.

I would grant the stay to consider two questions: (1) whether the Supreme Court’s decision in Cage v. Louisiana, — U.S. -, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990), announced a new rule or was dictated by the Court’s past precedents, including In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970); and (2) if Cage v. Louisiana governs this case, whether this Court can say that the erroneous definition of reasonable doubt given by the trial court to the jury did not contribute to the verdict and was therefore harmless beyond a reasonable doubt. Yates v. Evatt, — U.S.-, 111 S.Ct. 1884, 114 L.Ed.2d 432 (1991); State v. Cage, 583 So.2d 1125 (La.1991).

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Bluebook (online)

588 So. 2d 704, 1991 WL 239650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sawyer-la-1991.

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