No. 51023 Precedential Dismissed Processed

State v. Ward

Louisiana Supreme Court · Filed June 28, 1971 · 249 So. 2d 921

Cited by

St. Charles Parish School Bd. v. GAF Corp. 512 So. 2d 1165 La. 1987
Pierce v. BOARD OF SUPERVISORS, ETC. 392 So. 2d 460 La. Ct. App. 1st Cir. 1980
Hickman v. Fletcher 317 So. 2d 219 La. Ct. App. 3d Cir. 1975
Lloyd v. Lloyd 313 So. 2d 854 La. Ct. App. 2d Cir. 1975
Ardoin v. Ardoin 306 So. 2d 476 La. Ct. App. 3d Cir. 1975
State v. Petition for Judicial Commitment of Fletcher 289 So. 2d 572 La. Ct. App. 1st Cir. 1974
State Ex Rel. Preston v. Henderson 283 So. 2d 230 La. 1973

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Ward 246 La. 766
State v. Cox 167 So. 2d 359
Spinato v. Lowe 239 La. 604
State v. Melerine 238 La. 847

Opinion text

TATE, Justice. This appeal is from the trial court’s denial of a motion to re-sentence the defendant to life imprisonment. The defendant had previously been sentenced to death. See 246 La. 766 , 167 So.2d 359 (1964). Such sentence was set *319 aside on collateral review, for reasons not here pertinent. By a plea of moctness, our attention is called to the circumstance that, following the trial court denial of the motion, the defendant’s death sentence was commuted to a term of ten years and six months. The plea is well founded. The courts will not rule on questions of law which become moot, since their decree will serve no useful purpose and can give no practical relief. Spinato v. Lowe, 239 La. 604 , 119 So.2d 480 (1960); State v. Melerine, 238 La. 847 , 116 S.2d 689 (1960). The defendant has already received by executive clemency the relief sought by these proceedings; therefore, the question presented is moot. For these reasons, the appeal is dismissed. Appeal dismissed.