Summary
ordering district court "to stay . . . execution, appoint counsel for [defendant], and set a reasonable time for counsel to file an application for post conviction relief, if appropriate"
Summary of this case from State ex Rel. Neal v. CainOpinion
No. 97-KH-2466
October 10, 1997
IN RE: Roy, Larry; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Rapides 9th Judicial District Court Div. "D" Number 235,372
Writ granted in part. The district Court is ordered to stay relator's execution, appoint counsel for relator, and set a reasonable time for counsel to file an application for post conviction relief, if appropriate. In all other respects, the application is denied.
PFC
HTL
CDK
BJJ
JPV
MARCUS, J. not on panel.
TRAYLOR, J. dissents for the reasons assigned by Justice Knoll.
KNOLL, J. dissents and assigns reasons.
No constitutional authority requires representation for inmates in post-conviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990 (1987). This rule is applicable to all inmates, including those on death row. Murray v. Giarratano, 492 U.S. 1, 109 S.Ct. 2765 (1989). This defendant has had a total and complete appeal of his double murder conviction, which was affirmed. I would deny the stay of his execution and the appointment of an attorney to represent him in post-conviction proceedings.