FROM : CLERK
OF SUPREME COURT OF LOUISIANA
handed down on the 6th day of September,
2000 , are as follows:
LEMMON, J. :
STATE OF LOUISIANA v. ROBERT C. MILLER (Parish
of E. Baton Rouge) (First Degree Murder)
For the reasons
assigned herein, defendant's conviction and sentence
are affirmed. In the event this judgment becomes final
on direct review when either: (1) defendant fails
to petition timely the United States Supreme Court
for certiorari; or (2) that Court denies his petition
for certiorari; and either, (a) the defendant, having
filed for and been denied certiorari, fails to petition
the United States Supreme Court timely, under its
prevailing rules, for rehearing of denial of certiorari;
or (b) that Court denies his petition for rehearing,
the trial judge shall, upon receiving notice from
this court under La. Code Crim. Proc. art. 923 of
finality on direct appeal, and before signing the
warrant of execution, as provided by La. Rev. Stat.
15:567B, immediately notify the Louisiana Indigent
Defense Assistance Board and provide the Board with
reasonable time in which: (1) to enroll counsel to
represent the defendant in any state post-conviction
proceedings, if appropriate, pursuant to its authority
under La. Rev. Stat. 15:149.1; and (2) to litigate
expeditiously the claims raised in that original application,
if filed, in the state courts.
not on panel. Rule IV, Part 2, §3.
C.J., dissents and assigns reasons.