STATE v. HIGGINS

No. 2003-KA-1980.

898 So.2d 1219 (2005)

STATE of Louisiana v. Shawn J. HIGGINS.

Supreme Court of Louisiana.

April 1, 2005.


Attorney(s) appearing for the Case

G. Benjamin Cohen, William Martin Sothern, R. Neal Walker, New Orleans, Counsel for Applicant.

Hon. Charles C. Foti, Jr., Attorney General, Hon. Paul D. Connick, Jr., District Attorney, Cameron Matthew Mary, Assistant District Attorney, Donald Albert Rowan, Jr., Assistant District Attorney, Terry Michael Boudreaux, Assistant District Attorney, Juliet Lee Clark, Assistant District Attorney, Counsel for Respondent.


KIMBALL, Justice.

This is a direct appeal from a conviction of first degree murder and a sentence of death. La. Const. art. V, § 5(D). The defendant's appeal is based on a total of twenty-eight assignments of error. For the reasons that follow, we reverse the defendant's first degree murder conviction and death sentence, but find the record supports the conclusion that the defendant is guilty of second degree murder and remand the case to the trial court for...

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