STATE WILLIAMS v. STATE (1998)

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. 15:567 C 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.

I am of the opinion that R.S. 15:567(C) requires that a new execution date be sent.

ON RECONSIDERATION

Reconsideration Denied.

The purpose of La.Rev.Stat. 15:567 C 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.

FOOTNOTES

FOOTNOTE.  

PER CURIAM. * FN* Calogero, C.J., not on panel.

JOHNSON, J., dissents.