FOR IMMEDIATE NEWS RELEASE	NEWS RELEASE #057
FROM: CLERK OF SUPREME COURT OF LOUISIANA

 

The Opinion handed down on the 28th day of September, 2012, is as follows:

BY WEIMER, J.:

2011-KA-0574 STATE OF LOUISIANA v. JAMES C. MAGEE (Parish of St. Tammany)
(First Degree Murder)

For the reasons assigned herein, 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 its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the district court shall, upon receiving notice from this court under La. C.Cr.P. art. 923 of finality on 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 the 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.
AFFIRMED.

JOHNSON, J., concurs in result.
CLARK, J., additionally concurs and assigns reasons.