Summary
In Perry, this court stated that the state will not impose the death penalty on a person who becomes insane subsequent to his conviction for first degree murder if he "lacks the capacity to understand the death penalty."
Summary of this case from State v. PerryOpinion
No. 89-5120
Argued October 2, 1990 Decided November 13, 1990
Keith B. Nordyke argued the cause for petitioner. With him on the brief were June E. Denlinger and Joe Giarrusso, Jr.
Rene I. Salomon, Assistant Attorney General of Louisiana, argued the cause for respondent. With him on the brief were William J. Guste, Jr., Attorney General, and M. Patricia Jones, Assistant Attorney General.
Briefs of amici curiae urging reversal were filed by the American Psychiatric Association et al. by Joel N. Onek, Richard G. Taranto, Carter G. Phillips, and Kirk B. Johnson; and for the Coalition for Fundamental Rights and Equality of Ex-patients by Peter Margulies.
The judgment is vacated and the case is remanded to the 19th Judicial District Court of Louisiana for further consideration in light of Washington v. Harper, 494 U.S. 210 (1990)
It is so ordered.
JUSTICE SOUTER took no part in the consideration or decision of this case.