Opinion

State v. Jones

  • 263 La. 1012
  • 270 So. 2d 489
  • 1972 La. LEXIS 5878
Court
Supreme Court of Louisiana
Filed
Dec 20, 1972
Status
Published
Author
Barham
On the bench
Hamlin, Tate, Bills, Barham
Cited by
10 cases
Authority
More cited than 8.0%

The opinion

BARHAM, Justice

(dissenting).

I dissent from the affirmation of the verdicts and sentences because I believe there is reversible error in the trial proceedings. Moreover, I dissent from the sentence imposed on the defendant Ronald Jones, being of the opinion that the case falls squarely within the views expressed in all five of the concurring opinions fomiing a majority in Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). See also Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972). These cases, would require our setting aside the sentence, of Ronald Jones and remanding to the trial court for sentence in conformity with their holding. This procedure we have utilized in cases where the death sentence (though not the conviction) was invalid under Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), and it would, be equally applicable here. See State v. Shaffer, 260 La. 605 , 257 So.2d 121 (1971); State v. Duplessis, 260 La. 644 , 257 So.2d 135 (1971).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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