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State v. Williams

Citations: 514 So. 2d 19; 1987 La. LEXIS 10409Docket: No. 87-KD-2293

Court: Supreme Court of Louisiana; October 23, 1987; Louisiana; State Supreme Court

Narrative Opinion Summary

Writ granted in the matter of Williams, Dobie Gillis, pertaining to the application for Supervisory Writs and Stay of Execution in the 35th Judicial District Court of Grant Parish, Case No. 33,481. The prior district court order dated October 9, 1987, which set the execution date for October 28, 1987, has been vacated. Under La.R.S. 15:567(C), the execution date must be set no less than thirty nor more than forty-five days following the issuance of a new warrant, especially in cases where a stay of execution was previously granted, as occurred here on September 18, 1986. This interpretation aligns with precedent set in State ex rel Sterling R. Rault v. Butler, where the court invalidated an execution warrant that scheduled execution within seventy-two hours of issuance, allowing for a new execution date to be established within the stipulated thirty to forty-five day timeframe.

Legal Issues Addressed

Precedent in Execution Warrant Scheduling

Application: The court's decision was consistent with precedent, which requires invalidating execution warrants that do not meet the statutory time requirements for execution scheduling.

Reasoning: This interpretation aligns with precedent set in State ex rel Sterling R. Rault v. Butler, where the court invalidated an execution warrant that scheduled execution within seventy-two hours of issuance, allowing for a new execution date to be established within the stipulated thirty to forty-five day timeframe.

Setting Execution Dates under La.R.S. 15:567(C)

Application: The court vacated the previously set execution date because it did not comply with the statutory requirement that execution dates be set no less than thirty nor more than forty-five days following the issuance of a new warrant.

Reasoning: Under La.R.S. 15:567(C), the execution date must be set no less than thirty nor more than forty-five days following the issuance of a new warrant, especially in cases where a stay of execution was previously granted, as occurred here on September 18, 1986.