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PREJEAN v. SMITH

No. 89-4850.

889 F.2d 1391 (1989)

Dalton PREJEAN, Petitioner-Appellant, v. Larry D. SMITH, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 28, 1989.

Attorney(s) appearing for the Case

John H. Hall, Debevoise & Plimpton, Mitchell A. Karlan, Gibson, Dunn & Crutcher, New York City, Mayer, Brown & Platt, Chicago, Ill., and Samuel S. Dalton, Jefferson, La., for petitioner-appellant.

J. Nathan Stansbury, Lafayette, La. and William J. Guste, Jr., Atty. Gen., Baton Rouge, La., for respondent-appellee.

Before CLARK, Chief Judge, and POLITZ and JOHNSON, Circuit Judges.

CLARK, Chief Judge:

This successive habeas corpus petition by Dalton Prejean asserts four issues: (1) The jury selection procedures were improper; (2) he received ineffective assistance of counsel; (3) he is a brain-damaged, retarded juvenile whose execution would be unconstitutional; and (4) state control over aspects of the prosecution denied him a fair trial in connection with his motion for a certificate of probable cause and stay of execution. We deny both motions...

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