State v. Poland
Also decided on this docket: La., February 23, 1970 232 So. 2d 499
State v. Poland, 268 So. 2d 221 (La. 1972).
Cited by
- State v. Fortenberry 197 So. 3d 786 La. Ct. App. 1st Cir. 2016
- State v. Borne 382 So. 2d 160 La. 1980
- State v. Bell 315 So. 2d 307 La. 1975
- State v. Preece 270 So. 2d 850 La. 1972
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Poland 255 La. 746
- State v. Shaffer 260 La. 605
- State v. Duplessis 260 La. 644
Opinion text
PER CURIAM. Defendant, John Poland, was convicted of murder (La.R.S. 14:30), and the death sentence imposed was affirmed by this Court. 255 La. 746 , 232 So.2d 499 (1970). Citing Stewart v. Massachusetts, 408 U.S. 845, 92 . S.Ct. 2845, 33 L.Ed.2d 744 (1972), following Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), the United. States Supreme Court vacated the judgment herein insofar as it left undis? turbed the.death penalty imposed and remanded this case to this Court for further proceedings. 408 U.S. 936 , 92 S.Ct. 2862 , 33 L.Ed.2d 754 (1972). We construe the Mandate of the United States Supreme Court to require the imposition of a sentence other than death. Cf., State v. Shaffer, 260 La. 605 , 257 So.2d 121 (1971) and State v. Duplessis, 260 La. 644 , 257 So.2d 135 (1971). . Acc.ordingly, in.compliance with the Mandate of the United States Supreme Court, the death sentence imposed upon defendant is annulled and set aside, and the case is remanded to the 19th" Judicial District Court with instructions to the trial judge to sentence the" defendant to life imprisonment; Case-; remanded.