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STATE v. BALLAY

No. 97-KA-1749.

727 So.2d 1199 (1999)

STATE of Louisiana v. Joseph C. BALLAY, IV.

Court of Appeal of Louisiana, Fourth Circuit.

January 13, 1999.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Darryl W. Bubrig Sr., District Attorney, Pointe-A-La-Hache, Louisiana and Gilbert V. Andry III, Assistant District Attorney, New Oorleans, Louisiana, Counsel for Plaintiff/Appellee.

Kevin Vincent Boshea, Regan & Boshea, New Orleans, Louisiana, Counsel for Defendant/Appellant.

Court composed of Judge STEVEN R. PLOTKIN, Judge CHARLES R. JONES, Judge Pro Tempore PHILIP C. CIACCIO.

PLOTKIN, Judge.

The primary issue in this appeal is whether defendant is entitled to a new trial because he was seen by prospective jurors in handcuffs for a short period of time during voir dire.

On August 15, 1995, a bill of information was filed charging the defendant, Joseph C. Ballay, IV, with violating La. R.S. 14:34.1, a second-degree battery upon Kenneth E. Davis on July 16, 1995. On February 5, 1996, the defendant appeared with his attorney for arraignment...

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