Supreme Court of Louisiana
State v. Jordan
October 17, 19831983 La. LEXIS 11897
Summary
The court held that applying the later-enacted aggravating circumstance permitting consideration of a significant prior criminal history would violate the Ex Post Facto Clause because it increased the defendant's exposure to the death penalty after the offense was committed. The court also held that the prosecution could introduce the defendant's prior convictions during its penalty-phase case-in-chief, including convictions not shown to have followed counseled or constitutionally valid pleas, because the sentencing statute places the offender's character and propensities at issue. The trial court was directed to proceed with the sentencing hearing.
Holding
- Retroactive application of the prior-criminal-activity aggravating circumstance. The 1979 amendment adding a significant prior history of criminal activity as an aggravating circumstance may not be applied to this defendant's sentencing because doing so would violate the Ex Post Facto Clause.
- Introduction of prior convictions in the prosecution's penalty-phase case-in-chief. The state may introduce the defendant's prior convictions during its case-in-chief in the penalty phase, before the defendant testifies or otherwise places his character at issue.
- Use of uncounseled or constitutionally invalid prior convictions in the penalty phase. The state is not required to affirmatively prove that the defendant was represented by counsel or waived counsel before using prior convictions to show his character and propensities in the sentencing phase.
Docket 83-KD-1392, 83-KD-1393