STATE v. DENSON

No. 2004-KA-0846.

888 So.2d 805 (2004)

STATE of Louisiana v. Shantell DENSON.

Supreme Court of Louisiana.

December 1, 2004.


Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, Eddie J. Jordan, Jr., District Attorney, Valentin Michael Solino, Assistant District Attorney, Counsel for Applicant.

Tulane Law Clinic, Katherine Maris Mattes, Pamela R. Metzger, Counsel for Respondent.


VICTORY, J.

This case is on appeal to this Court pursuant to La. Const. art. V, sec. 5(D) from a finding of the trial court that Louisiana Code of Criminal Procedure art. 648(B)(2) is unconstitutional. After reviewing that record and the applicable law, we affirm the trial court's judgment and hold that La.C.Cr.P. art. 648(B)(2) violates the Due Process Clauses of the United States and Louisiana Constitutions.

FACTS AND PROCEDURAL HISTORY

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