Case: Code v. Cain

95-138860 | Louisiana state trial court

Filed Date: July 10, 1995

Closed Date: March 7, 2011

Clearinghouse coding complete

Case Summary

In this case, the Louisiana courts rejected a challenge by the defendant, under sentence of death, to the state's lethal injection protocols. The U.S. Supreme Court denied certiorari in 2011.On July 10, 1995, a death-sentenced prisoner of the State of Louisiana filed an application for post-conviction relief under Louisiana state law against the Louisiana Department of Corrections in the First Judicial District Court for Caddo Parish, Louisiana. On September 3, 1999, the Louisiana Supreme Cou…

In this case, the Louisiana courts rejected a challenge by the defendant, under sentence of death, to the state's lethal injection protocols. The U.S. Supreme Court denied certiorari in 2011.

On July 10, 1995, a death-sentenced prisoner of the State of Louisiana filed an application for post-conviction relief under Louisiana state law against the Louisiana Department of Corrections in the First Judicial District Court for Caddo Parish, Louisiana. On September 3, 1999, the Louisiana Supreme Court ordered evidence to be taken on five of the plaintiff's seventeen claims and remanded the case to the District Court. State ex rel. Code v. Cain, 747 So.2d 527 (La. 1999).

After evidentiary hearings and depositions, the plaintiff's post-hearing memorandum distilled the remaining complaints into three general areas: ineffective assistance of counsel, the claim that execution by lethal injection was cruel and unusual punishment, and the claim that the State failed to reveal Brady material. With respect to the ineffective assistance of counsel claim, the plaintiff argued that his counsel had failed to properly use psychological evidence in his defense. With respect to the lethal injection claim, the plaintiff detailed complaints regarding alleged flaws in the creation of the protocol, in the equipment and apparatus used in the executions, in the pharmacology and pharmacokinetics of the drugs involved, in the administration of the drugs, and in the monitoring of executions - specifically the lack of any execution logs and other pertinent records concerning every execution in the state since lethal injection was adopted as the State's preferred means of execution in 1990. With respect to the third claim, the plaintiff argued that in his trial, the prosecution failed to reveal to the defense evidence which would tend to exculpate him or reduce his penalty. Specifically, he raised this claim in relation to alleged unidentified hairs that were found at the scenes of the crime, as well as the testimony of an FBI special agent regarding duct tape found at the scenes and at the plaintiff's home.

On October 8, 2010, the Louisiana Supreme Court upheld the lower court's denial of petitioner's application for supervisory and/or remedial writ, Code v. Cain, 46 So. 3d 1258 (La. 2010) and on March 7, 2011, the United States Supreme Court review on certiorari. Code v. Cain, 131 S.Ct. 1611 (2011.)

Summary Authors

Kristen Sagar (9/4/2007)

People


Judge(s)

Emanuel, Ramona L. (Louisiana)

Attorneys(s) for Plaintiff

Clements, Gary (Louisiana)

DiGiulio, Letty S. (Louisiana)

Kolinchak, Carol (Louisiana)

Sweeney, Sam (Louisiana)

Attorneys(s) for Defendant

Estopinal, Catherine M. (Louisiana)

Fish, Howard M. (Louisiana)

Scott, Charles Rex (Louisiana)

Judge(s)

Emanuel, Ramona L. (Louisiana)

Attorneys(s) for Plaintiff

Clements, Gary (Louisiana)

DiGiulio, Letty S. (Louisiana)

Kolinchak, Carol (Louisiana)

Sweeney, Sam (Louisiana)

Attorneys(s) for Defendant

Estopinal, Catherine M. (Louisiana)

Fish, Howard M. (Louisiana)

Scott, Charles Rex (Louisiana)

Documents in the Clearinghouse

Document

Order Remanding to District Court

Louisiana state supreme court

747 So.2d 527

Sept. 3, 1999 Order/Opinion

Transcripts of Evidentiary Hearing in First Judicial District Court-February 10-13, 2003.

Feb. 10, 2003 Transcript

Transcripts of Evidentiary Hearing in First Judicial District Court-March 17-18, 2003.

March 18, 2003 Transcript

Transcripts of Evidentiary Hearing in First Judicial District Court-September 17, 2003 (excerpt)

Sept. 17, 2003 Transcript

Transcripts of Evidentiary Hearing in First Judicial District Court-April 20, 2004 (excerpt)

April 20, 2004 Transcript

Transcripts of Evidentiary Hearing in First Judicial District Court-October 6, 2004 (excerpt)

Oct. 6, 2004 Transcript

Transcripts of Evidentiary Hearing in First Judicial District Court-February 21, 2006

Feb. 21, 2006 Transcript

Petitioner's Post-Hearing Memorandum of Law (excerpt)

June 20, 2006 Pleading / Motion / Brief

State's Post-Conviction Memorandum of Law

Oct. 23, 2006 Pleading / Motion / Brief

Petitioner's Reply to State's Memorandum of Law (excerpt)

Jan. 8, 2007 Pleading / Motion / Brief

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: July 10, 1995

Closing Date: March 7, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner of the State of Louisiana

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Department of Corrections, State

Case Details

Causes of Action:

State law

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Issues

Death Penalty:

Lethal Injection - General