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392 So. 2d 380

State v. Santacruz

Supreme Court of Louisiana

Decided September 12, 1980

Supreme Court of Louisiana · decided 1980-09-12

Relies on Taylor v. Louisiana · Daniel v. Louisiana · 309 So. 2d 321 - State v. Rester

Decided 1980-09-12

¶1On Application for Rehearing.

PER CURIAM.

¶2The decision in Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975) does not apply retroactively to convictions obtained by juries empanelled prior to the date of that decision, January 21, 1975. Daniel v. Louisiana, 420 U.S. 31, 95 S.Ct. 704, 42 L.Ed.2d 790 (1975); State v. Rester, 309 So.2d 321 (La.1975). See also State v. Watkins, 340 So.2d 235 (La.1976); State v. Simmons, 328 So.2d 149 (La.1976); State v. King, 322 So.2d 205 (La.1975). Here defendant was tried and convicted on March 7, 1974.

¶3Accordingly, the application for rehearing is denied.

¶4Case below: La., 386 So.2d 364.

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