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STATE v. McELVEEN

No. 2010-KA-0172.

73 So.3d 1033 (2011)

STATE of Louisiana v. Terry McELVEEN and Thatcher McElveen.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 21, 2011.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Andrew M. Pickett , Assistant District Attorney, New Orleans, LA, for Appellee, State of Louisiana.

Sherry Watters , Louisiana Appellate Project, Bidish J. Sarma , New Orleans, LA, for Terry McElveen.

David W. Price , Kathryn Flynn Simino , Baton Rouge Capital Conflict Office, Baton Rouge, LA, for Thatcher McElveen.

Jennifer J. Rosenbaum , New Orleans Worker's Center for Racial Justice, New Orleans, LA, Amicus Curiae.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD).

MAX N. TOBIAS, JR., Judge.

On 7 November 2002, the state indicted co-defendants/brothers, Thatcher McElveen ("Thatcher") and Terry McElveen ("Terry"), with one count each of firstdegree murder, a violation of La. R.S. 14:30.1 Both Thatcher and Terry pled not guilty at their respective arraignments. On 26 March 2004, both defendants moved to suppress physical evidence and audiotaped statements and sought severance of their cases.

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