State ex rel. Welcome v. Blackburn, 470 So. 2d 879 (La. 1985). · Go Syfert
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State ex rel. Welcome v. Blackburn, 470 So. 2d 879 (La. 1985). Cases Citing This Book View Copy Cite
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STATE ex rel. Herbert WELCOME
v.
Frank BLACKBURN, Warden Louisiana State Penitentiary at Angola, Louisiana
No. 85-KP-1279.
Supreme Court of Louisiana.
Jun 26, 1985.
Published opinion
470 So. 2d 879
1985 La. LEXIS 9037
Calogero, Dennis, Dixon, Grant, Writ.
Published
2 passages pin-cited by 3 cases
Pinpoint authority: #23,889 of 633,719
Citer courts: Supreme Court of Louisiana (3)

Lead Opinion

In re: Welcome, Herbert; Applying for Stay of Execution, Supervisory Writs and Writ of Habeas Corpus; Parish of Iberia 16th Judicial District Court Div. “C” Number 57,900

Denied.

DENNIS, J., would grant the writ.

Concurrence

DIXON, C.J., and CALOGERO, J.,

would grant the stay of execution and the writ. This 26 year old illiterate retarded black with a mental age of 8 killed a white man in a family-type fight, and his auntie. The insanity instruction could have been misunderstood by the sentencing jury in a way that kept them from considering his mental impairment when deciding that he had the intent to kill more than one person.