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STATE v. BATISTE

No. 2000-KA-2358.

787 So.2d 369 (2001)

STATE of Louisiana v. Clifton B. BATISTE.

Court of Appeal of Louisiana, Fourth Circuit.

April 4, 2001.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Juliet Clark, Assistant District Attorney, New Orleans, Counsel for Plaintiff/Appellee.

Mary Constance Hanes, Louisiana Appellate Project, New Orleans, Counsel for Defendant/Appellant.

Court composed of Chief Judge WILLIAM H. BYRNES III, Judge MIRIAM G. WALTZER, Judge MICHAEL E. KIRBY.

KIRBY, Judge.

Clifton B. Batiste was charged by bill of information on May 7, 1999, with forcible rape, in violation of La. R.S. 14:42.1, and with aggravated crime against nature, in violation of La. R.S. 14:89.1. At his arraignment on May 12th he pleaded not guilty. Probable cause was found and the motion to suppress the identification was denied on August 3rd. After trial on August 10th, twelve-member jury could not reach a verdict on the forcible rape charge and...

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