JAMES v. BUTLER

No. 89-KP-0307.

538 So.2d 576 (1989)

Antonio JAMES v. Robert H. BUTLER, Warden Louisiana State Penitentiary.

Supreme Court of Louisiana.

February 9, 1989.


Denied.

DIXON, C.J., would grant an evidentiary hearing on the Brady matter, and would stay the execution pending disposition by U.S. Supreme Court of the pending case of Penry v. Lynaugh, ___ U.S. ___, 108 S.Ct. 2896, 101 L.Ed.2d 930 (1988).

CALOGERO, J., would grant an evidentiary hearing on the Caldwell and Brady issues. Relative to the latter, relator would likely have been convicted, as a principal non-trigger man, of first degree murder (assuming...

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