No. 50285 Precedential Processed

State v. Douglas

Louisiana Supreme Court · Filed October 26, 1972 · 268 So. 2d 231

Also decided on this docket: La., June 8, 1970 237 So. 2d 382

Cited by

State v. Stevens 766 So. 2d 634 La. Ct. App. 2d Cir. 2000
State v. Ingram 688 So. 2d 657 La. Ct. App. 2d Cir. 1997
State v. Preece 270 So. 2d 850 La. 1972

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Douglas 256 La. 572
State v. Shaffer 260 La. 605
State v. Duplessis 260 La. 644

Opinion text

PER CURIAM. Defendants, Clarence Douglas and Robert D. Jackson, were convicted of aggravated rape and the death sentences imposed were affirmed by this Court. 256 La. 572 , 237 So.2d 382 (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 undisturbed the death penalties imposed and remanded this case to this Court for further proceedings. 408 U.S. 937 , 92 S.Ct. 2864 , 33 L.Ed.2d 756 (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). Accordingly, in compliance with the Mandate of the United States Supreme Court, the death sentences imposed upon them aré annulled and set aside and the case is remanded to the 19th Judicial District Court with instructions to the trial judge to sentence the defendants to life imprisonment. Case remanded.