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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 49 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 6th day of September, 2006, are as follows:

BY WEIMER, J.:

1998-KA-1078

STATE OF LOUISIANA v. ALLEN SNYDER

(Parish of Jefferson)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Accordingly, we reinstate the following decree. In accordance with the above reasons assigned by this court, we unconditionally affirm the judgment of the trial court and the sentence of death. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that court denies his petition for certiorari; and either (a) the defendant, having filed foror 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 trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution as provided by LSA-R.S. 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 LSA-R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED. Retired Judge Fred C. Sexton, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Jeannette T. Knoll, recused. CALOGERO, C.J., dissents for reasons assigned by Kimball, J. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons.

9/06/06
SUPREME COURT OF LOUISIANA
No. 1998-KA-1078 STATE OF LOUISIANA v. ALLEN SNYDER
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Weimer, Justice* Defendant was convicted of first degree murder and sentenced to death. On direct appeal, this court ultimately affirmed defendant's conviction and sentence. Currently, the case is on remand from the United States Supreme Court, which directed that we again review defendant's Batson claims, this time in light of MillerEl v. Dretke, 545 U.S. 231, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005). After reviewing defendant's Batson complaints cumulatively in light of the entire record as directed by Miller-El, we find the trial court did not err in determining the venirepersons were not excused by the State in a racially discriminatory manner. Therefore, for the reasons that follow, the judgment affirming defendant's conviction and sentence is reinstated.

*

Retired Judge Fred C. Sexton, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Jeannette T. Knoll, recused.

FACTS AND PROCEDURAL HISTORY Defendant was indicted in Jefferson Parish for the first-degree murder of Howard Wilson.1 On June 28, 1996, defense counsel was notified in writing that the State was seeking the death penalty. A trial was subsequently held. During voir dire, defendant charged that the State exercised several of its peremptory challenges against African-American prospective jurors in a racially discriminatory manner in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The trial court denied defendant's Batson challenges. Consequently, defendant, who is African-American, was tried by an all-white jury. On August 29, 1996, the jury found defendant guilty as charged. After finding the presence of one aggravating circumstance,2 the same jury unanimously determined defendant should receive the death penalty. The trial court subseqently imposed a sentence of death. Defendant appealed his conviction and sentence directly to this court pursuant to La. Const. art. V,

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