STATE v. POWDRILL

No. 95-KA-2307.

684 So.2d 350 (1996)

STATE of Louisiana v. William Earl POWDRILL, III & Uwe Schmidt.

Supreme Court of Louisiana.

Rehearing Denied December 30, 1996.


Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Kathleen Elizabeth Petersen, Baton Rouge, for Applicant.

James Harry Askew, Ansel Martin Stroud, III, Peter Joseph Rotolo, Shreveport, for Respondent.


JOHNSON, Justice.*

This case was brought before the court on direct appeal pursuant to La. Const. Art. V, Sec. 5(D) to determine whether certain provisions of the Louisiana Securities Law are unconstitutional. For the reasons stated herein, we affirm the trial court's finding that La. R.S. 51:712(A)(2) is unconstitutional as applied in the criminal context in that it impermissibly places the burden of proof upon defendants. We reverse...

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