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(02/17/2006) "See News Release 008 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA

No. 05-KP-1556 STATE OF LOUISIANA v. CORY D. WILLIAMS

On Writ of Certiorari to the Second Circuit Court of Appeal

PER CURIAM: Writ granted; relief denied. In State v. Williams, 01-1650 (La. 11/1/02), 831 So.2d 835, this Court affirmed relator's conviction for first degree murder but pretermitted review of the penalty phase which resulted in a sentence of death and remanded the case to the district court for a "hearing on the sole issue of whether the defendant is mentally retarded," and therefore exempt from capital punishment under the Supreme Court's decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002)(Eighth Amendment precludes execution of a mentally retarded offender). We thereby revested the district court with jurisdiction to resolve the question of the defendant's mental status despite the pending appeal. La.S.Ct. Rule 28,

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