Narrative Opinion Summary
Stay of execution granted in the case of In re Lowenfield, Leslie, by the 24th Judicial District Court, Parish of Jefferson, No. 82-3478. A writ was granted, remanding the case to the trial court for the resetting of the execution date per La.R.S. 15:567(C). The application was denied in other respects. Chief Justice Dixon concurs with the decision. The new execution date must be established at least thirty days after the order to set the new date.
Legal Issues Addressed
Concurrence by Chief Justicesubscribe to see similar legal issues
Application: Chief Justice Dixon expressed agreement with the decision to grant a writ and remand the case.
Reasoning: Chief Justice Dixon concurs with the decision.
Denial of Other Reliefsubscribe to see similar legal issues
Application: The court denied the application for any other relief sought beyond the resetting of the execution date.
Reasoning: The application was denied in other respects.
Judicial Discretion on Execution Datesubscribe to see similar legal issues
Application: The court required that the new execution date be set at least thirty days after the order, ensuring a minimum period for compliance.
Reasoning: The new execution date must be established at least thirty days after the order to set the new date.
Remand for Resetting Execution Datesubscribe to see similar legal issues
Application: The case was remanded to the trial court to reset the execution date in accordance with the statutory requirements.
Reasoning: A writ was granted, remanding the case to the trial court for the resetting of the execution date per La.R.S. 15:567(C).
Stay of Executionsubscribe to see similar legal issues
Application: The court granted a stay of execution, allowing for a delay in the enforcement of the death penalty in this case.
Reasoning: Stay of execution granted in the case of In re Lowenfield, Leslie, by the 24th Judicial District Court, Parish of Jefferson, No. 82-3478.