Defendant has appealed to this Court from his conviction and sentence to death for the aggravated rape of a child under the age of 13 years. La.R.S. 14:42(D)(2)(a). The victim survived the sexual assault and testified at trial.
In light of the Supreme Court's holding in Kennedy v. Louisiana, ___ U.S. ___, ___, 128 S.Ct. 2641, 2659, 171 L.Ed.2d 929 (2008), that even in cases involving the rape...
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