No. 98-KP-0707 Precedential Processed

State v. Jarrell

Louisiana Supreme Court · Filed July 2, 1998 · 721 So. 2d 898

Also decided on this docket: La., July 2, 1998 721 So. 2d 898

Cited by

State v. Washington 900 So. 2d 1072 La. Ct. App. 4th Cir. 2005
State v. Washington 900 So. 2d 1072 La. Ct. App. 5th Cir. 2005
State v. Ketchens 753 So. 2d 328 La. Ct. App. 5th Cir. 2000
State v. Penns 758 So. 2d 776 La. 1999
Yuma Petroleum Co. v. Thompson 731 So. 2d 190 La. 1999

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Smith 637 So. 2d 398

Opinion text

In re State of Louisiana; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 97KW-2767; Parish of Orleans, Criminal District Court, Div. “I”, No. 322-698. Writ granted; conviction and sentence reinstated. Even assuming that Jarrell’s 1994 filing in the court of appeal based on Sullivan v. Louisiana, 508 U.S. 275 , 113 S.Ct. 2078, 2081 , 124 L.Ed.2d 182 (1993) and Cage *899 v. Louisiana, 498 U.S. 89 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990), as transferred by that court to the district court for consideration, satisfied the procedural requirements of La. C.Cr.P. art. 926 and the timeliness requirements of La.C.Cr.P. art. 930.8, on the merits “it is now Victor [v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994), rather than Cage,] which should be applied retroactively.” Gaston v. Whitley, 67 F.3d 121, 122 (5th Cir.1995). Under Victor, Jarrell’s instruction claim fails. See State v. Smith, 91-0749, p. 13 (La.5/23/94), 637 So.2d 398, 406 . JOHNSON, J., would grant and docket. CALOGERO, C.J., not on panel.