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STATE v. SCHOENING

No. 00-KA-0903.

770 So.2d 762 (2000)

STATE of Louisiana v. Kristopher SCHOENING.

Supreme Court of Louisiana.

October 17, 2000.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Robert "Rick" Bryand, Dist. Atty., Frederick Wayne Frey, Lafayette, Cynthia Skerrett Killingsworth, Counsel for Applicant.

Edward Kelly Bauman, Eugene Bouquet, Lake Charles, Counsel for Respondent.

Ellis Paul Adams, Jr., Counsel for Louisiana District Attorneys Association Amicus Curiae.

G. Paul Marx, Lafayette, Counsel for Louisiana Public Defenders Association Amicus Curiae.

KIMBALL, J.

This is a direct appeal to this court by the State of Louisiana from the trial court's determination that the section of the Victims' Rights Act allowing a victim to be present during trial proceedings is unconstitutional.1 The trial judge sua sponte declared at trial that La.Code Evid. art. 615(B)(4), which precludes a trial court from excluding victims or victims' families from the courtroom, is unconstitutional in...

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