STATE v. FLEMING

No. 2001-KA-2799.

820 So.2d 467 (2002)

STATE of Louisiana v. Erran FLEMING and Kevin Trainor.

Supreme Court of Louisiana.

June 21, 2002.


Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Valentin M. Solino, Claire A. White, Roger W. Jordan, Jr., Carol A. Kolinchak, Clive Adrian Stafford Smith, New Orleans, Richard C. Teissier, Kenner, Arcenious F. Armond, Jr., Gretna, Counsel for Appellants.


VICTORY, J.

On September 3, 1998, defendants were each charged by bill of indictment with first degree murder in violation of La. R.S. 14:30. On July 11, 2001, the trial court quashed the indictment, finding: (1) that the defendants presented a prima facie case of discrimination in the selection of grand jury forepersons in violation of the due process and equal protection clauses of the Fourteenth Amendment; and (2) that former La.C.Cr.P. art. 413(C) was unconstitutional...

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