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STATE EX REL. BOURQUE v. CAIN

No. 2003-KP-0602.

876 So.2d 744 (2004)

STATE ex rel Scott Jude BOURQUE v. Burl CAIN, Warden.

Supreme Court of Louisiana.

January 30, 2004.

PER CURIAM.

In Ford v. Wainwright, 477 U.S. 399, 417, 106 S.Ct. 2595, 2606, 91 L.Ed.2d 355 (1986), the United States Supreme Court made clear that the Eighth Amendment to the United States Constitution precludes the states from executing "one whose mental illness prevents him from comprehending the penalty or its implications." Shortly thereafter, this court followed suit, finding that the Louisiana Constitution, as well, bars...

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