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STATE v. BREALY

No. 2000-KA-2758.

800 So.2d 1116 (2001)

STATE of Louisiana v. Jermaine A. BREALY.

Court of Appeal of Louisiana, Fourth Circuit.

November 7, 2001.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney of Orleans Parish, Anne M. Dickerson, Assistant District Attorney of Orleans Parish, New Orleans, LA, Counsel for Plaintiff/Appellee.

Graham da Ponte, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judges CHARLES R. JONES, PATRICIA RIVET MURRAY, and TERRI F. LOVE.

Judge PATRICIA RIVET MURRAY.

Defendant, Jermaine Brealy, appeals his conviction of first degree murder. For the reasons stated, we reverse the conviction and remand for a new trial.

On November 12, 1998, an Orleans Parish grand jury indicted Jermaine Brealy for first degree murder, a violation of La. R.S. 14:30. He pled not guilty at his arraignment. On January 8, 1999, the district court heard and denied the motion to suppress the identification. On June...

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