State v. Gambino 367 So. 2d 381

In re Warren Gambmo, applying for motion to recall mandate. Orleans Parish.

Under our supervisory jurisdiction, execution of the sentence is stayed for an additional ninety days from this date or until the denial of certiorari by the United States Supreme Court, whichever occurs sooner.

SUMMERS, C. J.,

dissents. This Court has previously granted a stay of execution to this applicant in excess of the time permitted. Finally stay of execution was denied by this Court and in the United States Supreme Court. In my view, the majority of this Court is without authority to grant a further stay of execution where application for certiorari has been filed in the United States Supreme Court and that Court has denied a stay of execution.

BLANCHE, J.,

dissents. Relator exercised his remedy with the U. S. Supreme Court and the same relief he received here today was denied by that court. The writ should be denied.