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STATE v. HANKTON

No. 2012-KA-0375.

122 So.3d 1028 (2013)

STATE of Louisiana v. Telly T. HANKTON.

Court of Appeal of Louisiana, Fourth Circuit.

August 2, 2013.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Matthew C. Kirkham , Kyle Daly , Assistant District Attorney, New Orleans, LA, for Appellee/State of Louisiana.

Christopher A. Aberle , Mandeville, LA, for Appellant/Telly T. Hankton.

(Court composed of Judge TERRI F. LOVE, Judge PAUL A. BONIN, Judge DANIEL L. DYSART).

PAUL A. BONIN, Judge.

A less-than-unanimous jury convicted Telly Hankton of second degree murder of Darnell Stewart.1 By special pleading in the trial court, Mr. Hankton challenged the constitutionality of those provisions of La. Const. art. I, § 17(A) and La.C.Cr.P. art. 782 A, which allow for jury verdicts in certain specified cases upon the concurring vote of only ten of the twelve jurors.

Mr. Hankton specified two distinct...

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