Opinion
No. 90-KP-0378.
February 21, 1990.
On Application for Stay of Execution, Supervisory Writs and Writ of Habeas Corpus.
L. Eades Hogue, Terry A. McCall, Thomas M. Benjamin, Charles Livaudais, Lemle Kelleher, New Orleans, for applicant-plaintiff.
Duncan S. Kemp, III, Dist. Atty., for respondent-defendant.
In re Copeland, James; — Plaintiff(s); Applying for Supervisory, Remedial, Habeas Corpus and Stay of Execution; Parish of Tangipahoa 21st Judicial District Court Div. "E" Number 44713.
ON APPLICATION FOR STAY OF EXECUTION, SUPERVISORY WRITS AND WRIT OF HABEAS CORPUS
GRANTED. Execution is stayed pending further orders of this Court.
Evidentiary hearing ordered on all claims for relief. The trial judge is ordered to reconsider his ruling on the recusal motion and assign written reasons for his ruling prior to holding the evidentiary hearing.
DIXON, C.J., concurs in the order. Relator should supplement and amend his motion to recuse to include the factual allegations which are made in the supplement to the writ application filed here this day.
COLE, J., dissents from the order and assigns reasons.
The defendant has been tried twice, convicted twice and sentenced to death twice. This court has previously affirmed the conviction and death penalty. The United States Supreme Court has denied relief and refused a rehearing. No showing has been made defendant did not receive a fair trial. The post-conviction claims do not warrant a stay of execution. I, therefore, respectfully dissent from the majority's order.