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STATE v. BERNIARD

No. 92-KA-2020.

625 So.2d 217 (1993)

STATE of Louisiana v. Lionel D. BERNIARD.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion on Grant of Rehearing September 30, 1993.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., David L. Arena, Asst. Dist. Atty., New Orleans, for plaintiff/appellee.

Kevin V. Boshea, Regan and Associates, New Orleans, for defendant/appellant.

Ginger Berrigan, Gravel, Brady & Berrigan, New Orleans, amicus curiae.

Before BARRY, WALTZER and LANDRIEU, JJ.

BARRY, Judge.

The defendant was convicted of second degree murder (La.R.S. 14:30.1) on March 21, 1985 and sentenced to life imprisonment without parole, probation or suspension of sentence. The conviction and sentence were affirmed in an errors patent appeal. State v. Lionel D. Berniard, 500 So.2d 927 (La.App. 4th Cir.1987).

In October 1991 the defendant filed an application for post-conviction relief based on ineffective assistance of counsel on appeal...

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