State v. Summit

Supreme Court of Louisiana

State v. Summit

466 So. 2d 451, 1985 La. LEXIS 8536

CourtSupreme Court of Louisiana

DecidedApril 12, 1985

DocketNo. 85-KP-0722

StatusPublished

This text of 466 So. 2d 451 (State v. Summit) 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. Summit, 466 So. 2d 451, 1985 La. LEXIS 8536 (La. 1985).

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Opinion

In re: Summit, Wilby Frank; Applying for Writ of Certiorari and/or Review, STAY OF EXECUTION PENDING APPLICATION ON SUPERVISORY WRIT; Parish of Lafayette 15th Judicial District Court Div. “F” Number 47-070.

Granted. See order.

GRANTED.

The trial court order setting the execution date of April 19, 1985, is vacated. Execution may be fixed only not less than thirty days nor more than forty-five days from March 29, 1985, the date of finality of the U.S. Supreme Court’s denial of defendant’s application for writ of certiorari and the dissolution of this court’s stay order. LSA-R.S. 15:567. The denial by the U.S. Supreme Court on March 4, 1985, — U.S. —, 105 S.Ct. 1411, 84 L.Ed.2d 800, did not become final until the delay for rehearing expired twenty-five days thereafter. U.S. Supreme Court Rule 51; Louisiana State Bar Ass’n v. Ponder, 340 So.2d 134 (La., 1976).

The case is remanded to the trial court for further proceedings according to law.

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In re: Summit, Wilby Frank; Applying for Writ of Certiorari and/or Review, STAY OF EXECUTION PENDING APPLICATION ON SUPERVISORY WRIT; Parish of Lafayette 15th Judicial District Court Div. “F” Number 47-070.

Granted. See order.

GRANTED.

The trial court order setting the execution date of April 19, 1985, is vacated. Execution may be fixed only not less than thirty days nor more than forty-five days from March 29, 1985, the date of finality of the U.S. Supreme Court’s denial of defendant’s application for writ of certiorari and the dissolution of this court’s stay order. LSA-R.S. 15:567. The denial by the U.S. Supreme Court on March 4, 1985, — U.S. —, 105 S.Ct. 1411, 84 L.Ed.2d 800, did not become final until the delay for rehearing expired twenty-five days thereafter. U.S. Supreme Court Rule 51; Louisiana State Bar Ass’n v. Ponder, 340 So.2d 134 (La., 1976).

The case is remanded to the trial court for further proceedings according to law.

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Bluebook (online)

466 So. 2d 451, 1985 La. LEXIS 8536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-summit-la-1985.

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