Opinion
No. 98-KD-1643
June 17, 1998 Reconsideration Denied June 18, 1998
Application denied; application for reconsideration denied.
Johnson, J., dissented with reasons from denial of application, and would have granted reconsideration.
Lemmon, J., concurred with denial of reconsideration and assign reasons.
The application is denied. When a federal or state district court grants a stay of execution but the order is immediately reversed by the appellate court on the basis that the district court lacked authority, La.Rev.Stat. 15:567C does not require the setting of a new execution date; the execution may proceed on the date originally fixed.
The merits of relator's post-conviction application should be addressed to the federal courts.
JOHNSON, J. dissents.
JOHNSON, Justice, dissenting.
I am of the opinion that R.S. 15:567 (C) requires that a new execution date be set.
ON RECONSIDERATION
Reconsideration Denied.
LEMMON, J., concurs and assigns reasons.
JOHNSON, J., would grant reconsideration.
CALOGERO, C.J., not on panel.
The purpose of La.Rev.Stat. 15:567C is to provide the time period for setting a new execution date when such action is necessary; the purpose is not to necessitate a new execution date when the original execution date is reinstated by reversal of an order that stayed the execution on the originally fixed date.