FOR IMMEDIATE NEWS RELEASE	NEWS RELEASE #068
FROM: CLERK OF SUPREME COURT OF LOUISIANA

 

The Opinion handed down on the 16th day of November, 2012, is as follows:

 

BY KNOLL, J.:

2009-KA-1578 STATE OF LOUISIANA v. MICHAEL GARCIA (Parish of W. Baton Rouge)
(First Degree Murder)

For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to timely petition 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. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. Ann. § 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. Rev. Stat. Ann. § 15:169; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts.
AFFIRMED.

WEIMER, J., dissents and assigns reasons.
CLARK, J., will additionally concur for reasons to be assigned.