NEWS RELEASE # 23
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinion handed down on the 24th day of April,
2006, is as follows:
BY TRAYLOR, J.:
STATE OF LOUISIANA v. MICHAEL WEARY (Parish of Livingston)
(First Degree Murder)
For the reasons assigned herein, and within the unpublished
appendix made part of this opinion, the defendant's conviction
and sentence are affirmed. In the event this judgment becomes
final on direct review when either:(1) the 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 their 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. C.Cr.P.art. 923 of finality of
direct appeal, and before signing the warrant of execution,
as provided by La.R.S. 15:567(B), immediately notify the
Louisiana Indigent Defense Assistance Board and provide
the Board with reasonable time in which: (1) to enroll counsel
to represent defendant in any state post-conviction proceedings,
if appropriate, pursuant to its authority under La. R.S.
15:149.1; and (2) to litigate expeditiously the claims raised
in that original application, if filed, in the state courts.
JOHNSON, J., dissents and assigns reasons.
WEIMER, J., concurs and assigns reasons.