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STATE v. WILSON

Nos. 96-KA-1392, 96-KA-2076.

685 So.2d 1063 (1996)

STATE of Louisiana v. Anthony WILSON. STATE of Louisiana v. Patrick Dewayne BETHLEY.

Supreme Court of Louisiana.

Rehearing Denied December 30, 1996.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Karen Godail Arena, and Stephen Enright, Metairie, for Applicant (No. 96-KA-1392).

Richard Phillip Ieyoub, Attorney General, Jerry L. Jones, District Attorney, John Michael Ruddick, and Susan E. Hamm, Monroe, for Applicant (No. 96-KA-2076).

Dwight Michael Doskey and Clyde Darrow Merritt, New Orleans, for Respondent (No. 96-KA-1392).

Walter Lee Perkins, Jr., Monroe and John Howard Holdridge, New Orleans, for Respondent (No. 96-KA-2076).

Terry A. O'Neill, New Orleans, Ayn W. Stehr, Baton Rouge, and Denise LeBoeuf, New Orleans, for Louisiana Foundation Sex Assault Inc., National Association of Social Work, Louisiana Chapter of National Association of Social Workers, Louisiana Chapter National Organization of Women, and American Civil Liberties Union (Amici Curiae).

BLEICH, Justice*

We are called upon to determine the constitutionality of La. R.S. 14:42(C) as it authorizes the death penalty for offenders who rape a victim under the age of 12 years old. We find that R.S. 14:42(C) is constitutional.

FACTS AND PROCEDURAL HISTORY

On December 21, 1995, Anthony Wilson was charged by grand jury indictment with the aggravated rape of a five year old girl. He moved to quash the indictment...

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