State v. Franklin
Supreme Court of Louisiana
1Opinion of the Court
TATE, Justice.
The defendant Franklin was convicted of murder, La.R.S. 14:30, and sentenced to death. In his appeal to this court, he primarily relies upon an assignment of error that the death penalty is unconstitutional.
The Death Penalty
After this appeal was taken, the United States Supreme Court decided Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), and related cases. Under these decisions, concerning statutes like Louisiana’s (La.R.S. 14:30 and La.C.Cr.P. Art. 817), where the jury has the discretion to impose the death instead of a lesser penalty for a crime, our…
Also in this document: Dissent.
2Cases cited17 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Jencks v. United StatesSupreme Court of the United States · 1957
- State v. HudsonSupreme Court of Louisiana · 1969
- State v. ShafferSupreme Court of Louisiana · 1971
12 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- State v. DrewSupreme Court of Louisiana · 1978
- State v. DouglasSupreme Court of Louisiana · 1973
- State v. JenkinsSupreme Court of Louisiana · 1976
- State v. LeeSupreme Court of Louisiana · 1976
- State v. CraigSupreme Court of Louisiana · 1976
50 more not listed; retrieve them via the Exa API.