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STATE v. DIVERS

No. 34,748-KA.

793 So.2d 308 (2001)

STATE of Louisiana, Appellant, v. James DIVERS, Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 16, 2001.

Attorney(s) appearing for the Case

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Madeleine M. Slaughter, Assistant District Attorney, Counsel for Appellant.

Charles L. Kincade, Monroe, R. Neal Walker, New Orleans, G. Benjamin Cohen, Counsel for Appellee.

Before STEWART, GASKINS and DREW, JJ.

STEWART, J.

The defendant, James Divers, was convicted of first degree murder, and sentenced to death. On September 5, 1996, the Louisiana Supreme Court reversed the conviction. On September 20, 1999, Divers filed a motion to quash the original 1988 indictment alleging "Historic, Systematic Discrimination Against African-Americans and Women in the Selection of Grand Jury Forepersons." The trial court granted the motion to quash the indictment. The state now appeals...

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