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Case Name Code v. Cain CJ-LA-0001
Docket / Court 138,860-A ( State Court )
State/Territory Louisiana
Case Type(s) Criminal Justice (Other)
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 ... read more >
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.)

Kristen Sagar - 09/04/2007


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Issues and Causes of Action
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Issues
Death Penalty
Lethal Injection - General
Causes of Action State law
Defendant(s) Louisiana Department of Corrections
Plaintiff Description a death-sentenced prisoner of the State of Louisiana
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief None yet
None
Source of Relief None yet
None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Order Remanding to District Court 09/03/1999 (747 So.2d 527)
CJ-LA-0001-0011 PDF | WESTLAW| LEXIS | Detail
Transcripts of Evidentiary Hearing in First Judicial District Court-February 10-13, 2003. 02/10/2003
CJ-LA-0001-0001 PDF | Detail
Transcripts of Evidentiary Hearing in First Judicial District Court-March 17-18, 2003. 03/18/2003
CJ-LA-0001-0002 PDF | Detail
Transcripts of Evidentiary Hearing in First Judicial District Court-September 17, 2003 (excerpt) 09/17/2003
CJ-LA-0001-0003 PDF | Detail
Transcripts of Evidentiary Hearing in First Judicial District Court-April 20, 2004 (excerpt) 04/20/2004
CJ-LA-0001-0004 PDF | Detail
Transcripts of Evidentiary Hearing in First Judicial District Court-October 6, 2004 (excerpt) 10/06/2004
CJ-LA-0001-0005 PDF | Detail
Transcripts of Evidentiary Hearing in First Judicial District Court-February 21, 2006 02/21/2006
CJ-LA-0001-0006 PDF | Detail
Petitioner's Post-Hearing Memorandum of Law (excerpt) 06/20/2006
CJ-LA-0001-0007 PDF | Detail
State's Post-Conviction Memorandum of Law 10/23/2006
CJ-LA-0001-0008 PDF | Detail
Petitioner's Reply to State's Memorandum of Law (excerpt) 01/08/2007
CJ-LA-0001-0009 PDF | Detail
Post-Hearing Oral Argument (Transcript) 02/27/2007
CJ-LA-0001-0010 PDF | Detail
Judges Emanuel, Ramona L. (State Trial Court)
CJ-LA-0001-0001 | CJ-LA-0001-0002 | CJ-LA-0001-0003 | CJ-LA-0001-0004 | CJ-LA-0001-0005 | CJ-LA-0001-0006 | CJ-LA-0001-0010
Monitors/Masters None on record
Plaintiff's Lawyers Clements, Gary (Louisiana)
CJ-LA-0001-0003 | CJ-LA-0001-0004 | CJ-LA-0001-0005 | CJ-LA-0001-0006 | CJ-LA-0001-0007 | CJ-LA-0001-0009 | CJ-LA-0001-0010
Kolinchak, Carol (Louisiana)
CJ-LA-0001-0005 | CJ-LA-0001-0006 | CJ-LA-0001-0007 | CJ-LA-0001-0009 | CJ-LA-0001-0010
Sweeney, Sam (Louisiana)
CJ-LA-0001-0001 | CJ-LA-0001-0002 | CJ-LA-0001-0003 | CJ-LA-0001-0004 | CJ-LA-0001-0007 | CJ-LA-0001-0009 | CJ-LA-0001-0010
Defendant's Lawyers Estopinal, Catherine M. (Louisiana)
CJ-LA-0001-0001 | CJ-LA-0001-0002 | CJ-LA-0001-0003 | CJ-LA-0001-0004 | CJ-LA-0001-0005 | CJ-LA-0001-0006 | CJ-LA-0001-0008 | CJ-LA-0001-0010
Fish, Howard M. (Louisiana)
CJ-LA-0001-0003 | CJ-LA-0001-0005 | CJ-LA-0001-0006 | CJ-LA-0001-0010
Other Lawyers None on record

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