STATE EX REL ROY v. STATE, 97-2466 (La. 10/10/97)

Writ granted in part. The district Court is ordered to stay relator's execution, appoint counsel for relator, and set a reasonable time for counsel to file an application for post conviction relief, if appropriate. In all other respects, the application is denied.

PFC

HTL

CDK

BJJ

JPV

MARCUS, J. not on panel.

TRAYLOR, J. dissents for the reasons assigned by Justice Knoll.

KNOLL, J. dissents and assigns reasons.

KNOLL, J., dissenting.

No constitutional authority requires representation for inmates in post-conviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990 (1987). This rule is applicable to all inmates, including those on death row. Murray v. Giarratano, 492 U.S. 1, 109 S.Ct. 2765 (1989). This defendant has had a total and complete appeal of his double murder conviction, which was affirmed. I would deny the stay of his execution and the appointment of an attorney to represent him in post-conviction proceedings.