FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 012

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 13th day of February, 1997 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

BY JOHNSON, J. :

96-KK- 1805 STATE OF LOUISIANA v. ALVIN SCOTT LOYD (Parish of St. John Baptist)(First Degree Murder)

For the foregoing reasons, we hold that La. C.Cr.P. art. 905.2(B) does not violate the Federal or State Ex Post Facto Clauses. We further find that La. C.Cr.P. art. 905.2(B) does not violate the Eighth Amendment prohibition of the use of mitigating evidence as an aggravating circumstance or the Due Process Clause. Accordingly, we affirm the decision of the court of appeal.

AFFIRMED.

Pursuant to Rule IV, Part 2, 3, J. Bleich was not on panel. The panel consisted of Justice Johnson, Chief Justice Calogero, and Justices Kimball, Lemmon, Marcus, Victory and Watson.

LEMMON, J. - subscribes to the opinion and assigns additional reasons.