
    STATE ex rel. Benjamin A. BERRY v. C. Paul PHELPS, Secretary of Department of Corrections and Hilton Butler, Warden of Louisiana State Prison, Angola, Louisiana.
    No. 87-KP-1249.
    Supreme Court of Louisiana.
    June 2, 1987.
   In re: Berry, Benjamin A.; Applying for Post Conviction Relief (The Great Writ of Habeas Corpus); Parish of Jefferson 24th Judicial District Court Div. “A” Number 78-2151.

Denied.

CALOGERO and DENNIS, JJ.,

would grant the stay in order to consider the Caldwell v. Mississippi issue in this case. That issue, in relator’s case, has not yet been considered by the federal courts. The jury in relator’s trial, as in Caldwell, was told esséntially that extensive appellate review would follow their verdict; in effect that the jury’s verdict was only an interim step. See Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985).  