FOR IMMEDIATE NEWS RELEASE
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)
JOHNSON, J. :
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.
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.