STATE v. BROOKS

No. 2001 KA 0640.

807 So.2d 325 (2001)

STATE of Louisiana v. Joseph BROOKS.

Court of Appeal of Louisiana, First Circuit.

Dissenting on Rehearing Opinion February 21, 2002.


Attorney(s) appearing for the Case

Doug Moreau, District Attorney, Tracey Barbera, Assistant District Attorney, Baton Rouge, LA, for State-Appellee.

Jim Holt, Baton Rouge, LA, for Defendant-Appellant, Joseph Brooks.

BEFORE: WHIPPLE, FOGG, and GUIDRY, JJ.


Dissenting on Rehearing Opinion of Judge Whipple, February 21, 2002.

FOGG, J.

On February 13, 1997, the defendant, Joseph Brooks, was charged by indictment with the second degree murder of Michael Rowe in violation of LSA-R.S. 14:30.1. He entered a plea of not guilty. The defendant was tried by jury and convicted of the responsive offense of manslaughter in violation of LSA-R.S. 14:31 on October 31, 1997. Thereafter, on February 6, 1998, the defendant was...

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