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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 12 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 10th day of March, 2006 are as follows:

BY KIMBALL, J. :

2005-KK- 1060

STATE OF LOUISIANA v. JAMES CARL CRANDELL (Parish of Bossier) (First Degree Murder) For the above reasons, we find defendant's application was untimely filed and recall the writ as improvidently granted. The case is remanded to the district court for further proceedings. WRIT RECALLED. CASE REMANDED TO DISTRICT COURT FOR FURTHER PROCEEDINGS. CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., additionally concurs for reasons assigned by Victory, J. JOHNSON, J., dissents and assigned reasons. VICTORY, J., additionally concurs with reasons. TRAYLOR, J., additionally concurs for reasons assigned by Victory, J. KNOLL, J., concurs for reasons assigned by Victory, J. WEIMER, J., dissents and assigns reasons.

03/10/2006

SUPREME COURT OF LOUISIANA
No. 2005-KK-1060 STATE OF LOUISIANA v. JAMES CARL CRANDELL

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF BOSSIER

KIMBALL, Justice After reviewing the record in this case, we conclude defendant's application for certiorari was untimely filed, and we therefore recall the writ as improvidently granted. Because defendant's writ application was not timely filed, we will not consider defendant's application. The facts underlying the instant application are as follows. In 1991, a Bossier Parish jury found defendant guilty of first degree murder. At the conclusion of the sentencing phase of trial, the jury was unable to reach a unanimous verdict, and defendant was therefore sentenced to life imprisonment without benefit of probation, parole or suspension of sentence in accordance with La. C.Cr.P. art. 905.8.1 The court of appeal affirmed defendant's conviction and sentence. State v. Crandell, 604 So.2d 123 (La. App. 2 Cir. 1992). On August 6, 2004, defendant was granted federal

1

La. C.Cr.P. art. 905.8, which deals with sentencing in capital cases, provides in pertinent part, "If the jury is unable to unanimously agree on a determination, the court shall impose a sentence of life imprisonment without benefit of probation, parole or suspension of sentence."
1

habeas corpus relief. On September 7, 2004, a Bossier Parish Grand Jury re-indicted defendant for first degree murder, and the State filed a notice of intent to seek the death penalty. In response, defendant filed a motion to quash the State's notice of intent to seek the death penalty. After a contradictory hearing, the district court denied defendant's motion on January 3, 2005. Defendant timely applied in the court of appeal for a supervisory writ, and the court of appeal denied defendant's writ on February 23, 2005. Defendant then applied for a rehearing of the court of appeal's writ denial. On March 23, 2005, the court of appeal denied the rehearing, stating, "It is the policy of this court not to grant rehearing in cases in which the court has denied a writ application on the merits, pursuant to URCA, Rule 2-18.7, which does not allow for rehearing in such situations." Defendant then sought a writ of certiorari from this court. Defendant's application was postmarked April 22, 2005, and received April 25, 2005. Supreme Court Rule X,

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