State v. Sullivan

Supreme Court of Louisiana

State v. Sullivan

623 So. 2d 1315, 1993 La. LEXIS 2574, 1993 WL 364319

CourtSupreme Court of Louisiana

DecidedSeptember 17, 1993

DocketNo. 87-KA-0027

StatusPublished

Cited by12 cases

This text of 623 So. 2d 1315 (State v. Sullivan) 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. Sullivan, 623 So. 2d 1315, 1993 La. LEXIS 2574, 1993 WL 364319 (La. 1993).

Pincite

Opinion

PER CURIAM.

On remand from the United States Supreme Court, Sullivan v. Louisiana, — U.S. -, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993), and in light of the Supreme Court’s holding that an erroneous jury instruction on the nature of reasonable doubt, essentially identical to the one given in Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 828, 112 L.Ed.2d 339 (1990), is not subject to the harmless error analysis, this Court sets aside the defendant’s conviction for first degree murder and remands the case to the Orleans Parish [1316]*1316Criminal District Court for further proceedings in accordance with the law. The district court is to reallot this case by random selection between the Honorable Morris Reed in Section “A” and the Honorable Calvin Johnson in Section “E,” who were not subject to this Court’s recusal order of June 14, 1988.

REVERSED AND REMANDED.

WATSON, J., not on the panel.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

On remand from the United States Supreme Court, Sullivan v. Louisiana, — U.S. -, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993), and in light of the Supreme Court’s holding that an erroneous jury instruction on the nature of reasonable doubt, essentially identical to the one given in Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 828, 112 L.Ed.2d 339 (1990), is not subject to the harmless error analysis, this Court sets aside the defendant’s conviction for first degree murder and remands the case to the Orleans Parish [1316]*1316Criminal District Court for further proceedings in accordance with the law. The district court is to reallot this case by random selection between the Honorable Morris Reed in Section “A” and the Honorable Calvin Johnson in Section “E,” who were not subject to this Court’s recusal order of June 14, 1988.

REVERSED AND REMANDED.

WATSON, J., not on the panel.

Cite This Page — Counsel Stack

Bluebook (online)

623 So. 2d 1315, 1993 La. LEXIS 2574, 1993 WL 364319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sullivan-la-1993.

Opinion

Related

Cite This Page — Counsel Stack