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STATE v. BROOKS

No. 94-KK-2438.

661 So.2d 1333 (1995)

STATE of Louisiana v. George BROOKS.

Supreme Court of Louisiana.

Dissenting Opinion October 27, 1995.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Duncan S. Kemp, III, District Attorney, Cassandra Butler, Independence, Daniel H. Edwards, Amite, for Applicant.

Anthony M. Bertucci, Robert M. Grodner, Baton Rouge, for Respondent.

Dissenting Opinion of Justice Lemmon, October 27, 1995.

ON REHEARING

MARCUS, Justice*.

George Brooks was indicted by the grand jury for the 1979 first degree murder of Joseph Cook Owen, an eleven year old boy. Defendant was tried by jury in 1980, and found guilty as charged. After a sentencing hearing, the jury recommended the death sentence. After defendant's appeal was lodged in this court, we granted defendant's motion...

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