State v. Sinclair
Also decided on this docket: La., February 24, 1971 245 So. 2d 365
State v. Sinclair, 268 So. 2d 514 (La. 1972).
Cited by
- Sinclair v. State, Louisiana Department of Public Safety and Corrections 769 So. 2d 1270 La. Ct. App. 1st Cir. 2000
- Kaufman v. Sewerage & Water Bd. 762 So. 2d 644 La. Ct. App. 4th Cir. 2000
- Sinclair v. Sullivan 447 So. 2d 36 La. Ct. App. 1st Cir. 1984
- State v. Johnson 294 So. 2d 229 La. 1974
- State v. Preece 270 So. 2d 850 La. 1972
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Sinclair 258 La. 84
- State v. Shaffer 260 La. 605
- State v. Duplessis 260 La. 644
Opinion text
PER CURIAM. Defendant, Billy Wayne Sinclair, was convicted of murder, and the death sentence imposed was affirmed by this Court. 258 La. 84 , 245 So.2d 365 (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 caséis remanded to the 19th Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment. Case remanded.