State v. Square
Also decided on this docket: La., January 18, 1971 244 So. 2d 200
State v. Square, 268 So. 2d 229 (La. 1972).
Cited by
- State of Louisiana v. Tyrone Mitchell La. Ct. App. 3d Cir. 2013
- State v. Mitchell 125 So. 3d 586 La. Ct. App. 1st Cir. 2013
- State v. Parker 76 So. 3d 55 La. Ct. App. 1st Cir. 2011
- State v. Holmes 5 So. 3d 42 La. 2008
- State v. Ball 824 So. 2d 1089 La. 2002
- State v. Tilley 767 So. 2d 6 La. 2000
- State v. Thibodeaux 750 So. 2d 916 La. 1999
- State v. Frost 727 So. 2d 417 La. 1998
- State v. Stewart 465 So. 2d 206 La. Ct. App. 3d Cir. 1985
- State v. Alexander 351 So. 2d 505 La. 1977
- 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. Square 257 La. 743
- State v. Shaffer 260 La. 605
- State v. Duplessis 260 La. 644
Opinion text
PER CURIAM. Defendant, George A. Square, was convicted of murder (La.R.S. 14:30) and the death sentence imposed was affirmed by this Court. 257 La. 743 , 244 So.2d 200 (1971). 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 penalty imposed and remanded this case to this Court for further proceedings. 408 U.S. 939 , 92 S.Ct. 2871 , 33 L.Ed.2d 760 (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 sentence imposed upon defendant is annulled and set aside, and the case is remanded to the 4th Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment. Case remanded.