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STATE v. CLEVELAND

No. 2012-KA-0163.

115 So.3d 578 (2013)

STATE of Louisiana v. Scott G. CLEVELAND.

Court of Appeal of Louisiana, Fourth Circuit.

April 10, 2013.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, New Orleans, LA, for Appellee, State of Louisiana.

Powell W. Miller , Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge MAX N. TOBIAS, JR., Judge ROSEMARY LEDET, Judge SANDRA CABRINA JENKINS).

MAX N. TOBIAS, JR., Judge.

On 4 August 2010, the state charged the defendant, Scott G. Cleveland ("Cleveland") by bill of information with one count of simple rape, a violation of La. R.S. 14:43. He entered a plea of not guilty at his arraignment on 12 August 2010. Defense counsel filed motions to suppress identification and for a preliminary hearing. On 21 January 2011, the trial court denied the motions and found probable cause. On 20 July 2011, a six-member jury...

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