
    STATE ex rel. Dalton PREJEAN v. Larry D. SMITH.
    No. 89-KP-2441.
    Supreme Court of Louisiana.
    Oct. 19, 1989.
   In re: Prejean, Dalton; applying for Stay of Execution, Writ of Habeas Corpus, and Writs of Certiorari, Prohibition and Mandamus; Parish of Lafayette, 15th Judicial District Court, Division “F”, Number 42358.

Denied.

LEMMON, J., concurs with reasons.

LEMMON, Justice,

concurring.

The direct review of relator’s conviction was completed in 1980. The decision in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), is retroactive only in those cases which were pending on direct appeal at the time Batson was rendered. The Batson decision is therefore not applicable in the present case.  