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STATE v. LIVELY

No. KA 08-1310.

11 So.3d 65 (2009)

STATE of Louisiana v. Marilyn Roman LIVELY.

Court of Appeal of Louisiana, Third Circuit.

May 6, 2009.

Attorney(s) appearing for the Case

J. Phillip Haney, District Attorney, New Iberia, LA, for Appellee, State of Louisiana.

Mark Owen Foster, Louisiana Appellate Project, Natchitoches, LA, for Defendant/Appellant, Marilyn Roman Lively.

Jeffrey J. Trosclair, Sixteenth Judicial District Court, Franklin, LA, for Plaintiff/Appellee, State of Louisiana.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, BILLY HOWARD EZELL, and JAMES T. GENOVESE, Judges.

EZELL, Judge.

The Defendant, Marilyn Roman Lively, was charged by bill of indictment filed on March 20, 2003, with first degree murder, a violation of La.R.S. 14:30. The State sought the death penalty in this matter. The Defendant entered a plea of not guilty on April 17, 2003. A "Motion to Change Plea of `Not Guilty' to `Not Guilty and Not Guilty by Reason of Insanity'" was filed on April 11, 2007. The motion was granted...

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