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STATE v. JONES

No. 94-KK-0459.

639 So.2d 1144 (1994)

STATE of Louisiana v. Lester JONES.

Supreme Court of Louisiana.

Concurring Opinion July 21, 1994.

Attorney(s) appearing for the Case

Numa V. Bertel, Dwight M. Doskey, Orleans Indigent Defender Program, for applicant.

Richard Ieyoub, Atty. Gen., Harry F. Connick, Dist. Atty., Mark D. Pethke, Asst. Dist. Atty., for respondent.

Ellis Paul Adams, Jr., amicus curiae for Louisiana Dist. Atty. Assn.

Denise LeBoeuf, Clive Adrian Stafford Smith, amicus curiae for Louisiana Crisis Asst. Center and Louisiana Death Penalty Res. Center.

John Michael Lawrence, Alan Jeffrey Golden, amicus curiae for Raymond Anthony Rawlins.

John Michael Lawrence, Kurt Joseph Goins, Alan Jeffrey Golden, amicus curiae for Brandon Haynes.

Concurring Opinion by Justice Kimball July 21, 1994.

ORTIQUE, Justice.1

The issue in the pretrial phase of this death penalty case is the constitutionality of LSA-C.Cr.P. art. 905.2(B), added to Louisiana's capital sentencing provisions by Act 436 of 1993.2 The provision requires the trial court, during the sentencing phase of a capital trial, to instruct the jurors regarding the governor's power to...

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