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STATE v. LEWIS

No. 2012-K-1021.

112 So.3d 796 (2013)

STATE of Louisiana v. Billy R. LEWIS.

Supreme Court of Louisiana.

Rehearing Denied May 3, 2013.

Attorney(s) appearing for the Case

Christopher Albert Aberle, Esq. , for Applicant.

James D. Caldwell , Attorney General, Robert Chase Abendroth , Assistant Attorney General, Orleans Parish District Attorney, Leon A. Cannizzaro, Jr. , District Attorney, Andrew Pickett , Assistant District Attorney, for Respondent.

WEIMER, Justice.1

We granted certiorari in this case to determine the appropriate remedy for a defendant when he is prohibited, in violation of La.C.Cr.P. art. 799.1, from using a peremptory challenge to back strike a provisionally selected juror. Agreeing with the court of appeal's determination that the error is one which is subject to harmless error analysis, we nevertheless find the court of appeal misapplied the harmless error standard...

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