State ex rel Prejean v. Blackburn, 81-K-2802
| Decision Date | 27 November 1981 |
| Docket Number | No. 81-K-2802,81-K-2802 |
| Citation | 407 So.2d 1189 |
| Parties | STATE ex rel. Dalton PREJEAN v. Frank C. BLACKBURN. |
| Court | Louisiana Supreme Court |
Re: Dalton Prejean applying for Supervisory and other Writs and A Stay Order, Parish of Lafayette, Number Unknown, venue changed to Ouachita Parish.
Denied. Stay order extended for 30 days to permit relator to apply to the federal court.
DIXON, C.J., would grant the writ.
DENNIS, J., dissents. The applicant raises a serious question which will soon be decided by the United States Supreme Court-whether a person under the age of 18 at the time of his offense may be executed. For this reason I believe this Court should stay the applicant's execution only until the United States Supreme Court has decided the question.
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3 cases
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Prejean v. Blackburn
...a temporary stay, enabling Prejean to present to the Louisiana Supreme Court a previously unexhausted claim. See State ex rel. Prejean v. Blackburn, 407 So.2d 1189 (La.1981). Prejean's fully exhausted petition thus raised for consideration by the federal district court eleven discrete claim......
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Prejean v. Blackburn
...27, 1981, and that court granted a stay order to permit Prejean to apply to Federal Court for further relief. State ex rel. Prejean v. Blackburn, 407 So.2d 1189 (La.1981). Again considering the time constraints and the facial substantiality of petitioner's claims, we stayed the execution pe......
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Prejean v. Smith
...raising five claims set out in the margin. 2 October 5, 1981: The Louisiana Supreme Court denied review. State ex rel. Prejean v. Blackburn, 407 So.2d 1189 (La.1981). February 23, 1982: Prejean filed a second petition for habeas corpus in the United States District Court for the Western Dis......