Legal Opinion
Dalton Prejean v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided July 15, 1985No. 83-4548PublishedCited by 29 opinions
1Opinion of the Court
CLARK, Chief Judge:
We modify our original opinion, 743 F.2d 1091, by withdrawing Sections VI and VII, 743 F.2d at 1099-1102, and substituting the following. In all other respects the Petitions for Rehearing and Rehearing En Banc are denied.
VI. PROPORTIONALITY REVIEW
The proportionality review accorded Pre-jean’s death sentence — comparison to capital murder cases in two districts — did not violate any federal constitutional right because the Louisiana Supreme Court, in some other cases, has engaged in a broader search for similar cases.
*483A
The Louisiana Supreme Court is required to review every…
2Cases cited26 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Pulley v. HarrisSupreme Court of the United States · 1984
- Jurek v. TexasSupreme Court of the United States · 1976
- Proffitt v. FloridaSupreme Court of the United States · 1976
- Tison v. ArizonaSupreme Court of the United States · 1982
21 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- DeShields v. StateSupreme Court of Delaware · 1987
- Connie Ray Evans, Cross-Appellee v. Morris Thigpen, Commissioner, Mississippi Department of Corrections, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1987
- John E. Brogdon v. Frank Blackburn, Warden of the Louisiana State Penitentiary, at Angola, LouisianaCourt of Appeals for the Fifth Circuit · 1986
- Michael Wayne Evans v. O.L. McCotter Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1986
- United States v. Eugene LeslieCourt of Appeals for the Fifth Circuit · 1986
24 more not listed; retrieve them via the Exa API.