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STATE v. BURKE

No. 2011-KA-1081.

103 So.3d 652 (2012)

STATE of Louisiana v. Travis P. BURKE.

Court of Appeal of Louisiana, Fourth Circuit.

October 31, 2012.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney of Orleans Parish, Matthew Caplan , Assistant District Attorney of Orleans Parish, New Orleans, LA, for State of Louisiana.

Julie C. Tizzard , Julie C. Tizzard, L.L.C., New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY III, Judge EDWIN A. LOMBARD, Judge JOY COSSICH LOBRANO).

JAMES F. McKAY III, Judge.

STATEMENT OF THE CASE

The defendant, Travis Burke, was charged by grand jury indictment on August 26, 2009, with second degree murder, a violation of La. R.S. 14:30.1.1 The defendant pleaded not guilty at his September 1, 2009 arraignment. The defendant filed a motion to sever on June 4, 2010, which the trial court denied on July 7, 2010. The State subsequently tried the defendant

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