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State ex rel. Ward v. Butler

Citations: 534 So. 2d 965; 1988 La. LEXIS 2772; 1988 WL 138914Docket: No. 88-KP-3018

Court: Supreme Court of Louisiana; December 29, 1988; Louisiana; State Supreme Court

Narrative Opinion Summary

The court granted a stay of execution for Thomas Lee Ward, responding to his claim of mental retardation and the argument that executing someone who was mentally retarded at the time of the offense constitutes cruel and unusual punishment. This decision was influenced by the pending U.S. Supreme Court case Penry v. Lynaugh, which relates to similar issues. The court noted that since the Penry case is still undecided, the execution warrant set for January 20, 1989, is vacated and set aside. Justices Marcus, Watson, and Cole expressed a dissenting opinion, indicating they would deny the stay.

Legal Issues Addressed

Impact of Pending Supreme Court Decisions

Application: The court's decision to grant a stay was influenced by the pending U.S. Supreme Court case Penry v. Lynaugh, which addresses similar issues regarding the execution of individuals with mental retardation.

Reasoning: This decision was influenced by the pending U.S. Supreme Court case Penry v. Lynaugh, which relates to similar issues.

Judicial Disagreement on Stay of Execution

Application: Despite the majority decision to grant a stay, some justices dissented, highlighting a split in judicial opinion regarding the appropriateness of the stay.

Reasoning: Justices Marcus, Watson, and Cole expressed a dissenting opinion, indicating they would deny the stay.

Stay of Execution Based on Mental Retardation Claim

Application: The court granted a stay of execution due to the claim of mental retardation, acknowledging the potential violation of the prohibition against cruel and unusual punishment.

Reasoning: The court granted a stay of execution for Thomas Lee Ward, responding to his claim of mental retardation and the argument that executing someone who was mentally retarded at the time of the offense constitutes cruel and unusual punishment.