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STATE v. KENNEDY

No. 05-KA-1981.

957 So.2d 757 (2007)

STATE of Louisiana v. Patrick KENNEDY.

Supreme Court of Louisiana.

Rehearing Denied June 29, 2007.

Attorney(s) appearing for the Case

Jelpi Pierre Picou, Jr., New Orleans, G. Benjamin Cohen, Marcia Adele Widder, Adams & Reese, Martin A. Stern, Riva Sinha, New Orleans, for Appellant.

Charles C. Foti, Jr., Attorney General, Paul D. Connick, Jr., District Attorney, Terry Michael Boudreaux, Juliet Lee Clark, Assistant District Attorneys, for Appellee.

VICTORY, J.*

On May 7, 1998, Patrick Kennedy was indicted by a grand jury for the rape of his eight-year-old stepdaughter L.H.1 on March 2, 1998, in violation of La. R.S. 14:42 (aggravated rape; victim under the age of 12), and the state subsequently gave notice of its intent to seek the death penalty.2 The district court declared that the defendant was indigent and appointed counsel...

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