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STATE v. DUNN

No. 2007-KK-0878.

974 So.2d 658 (2008)

STATE of Louisiana v. James DUNN.

Supreme Court of Louisiana.

Rehearing Denied March 7, 2008.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, Anthony G. Falterman, District Attorney, Donald David Candell, Robin Catherine O'Bannon, Assistant District Attorneys, for applicant.

Capital Post-Conviction Project of Louisiana, Denise LeBoeuf, Sarah Lynn Ottinger; Baton Rouge Capital Conflict Office, Kyla Blanchard-Romanach, David William Price, for respondent.

PER CURIAM.

We granted the State's writ application to review the correctness of the trial court's ruling granting defendant a jury trial pursuant to La. C. Cr. P. art. 905,5.1 in order to determine if defendant is mentally retarded. For the following reasons, we reverse the ruling of the trial court, and remand this matter for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

On March 18, 1999...

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