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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 25

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 11th day of April, 2007 , are as follows:

BY VICTORY, J. :

2004-KA-0204

STATE OF LOUISIANA v. DANIEL JOSEPH BLANK (Parish of Ascension) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. 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 for 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 La. Code Crim. Proc. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. 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 it's authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED. CALOGERO, C.J., dissents for reasons assigned by Kimball, J. KIMBALL, J., dissents and assigns reasons.

04/11/07

SUPREME COURT OF LOUISIANA
No. 04-KA-0204 STATE OF LOUISIANA v. DANIEL JOSEPH BLANK ON APPEAL FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ASCENSION, HONORABLE JOHN L. PEYTAVIN, JUDGE VICTORY, J. This is a direct appeal under Louisiana Constitution article V,

Download 2004-KA-0204 STATE OF LOUISIANA v. DANIEL JOSEPH BLANK.pdf

Louisiana Law