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After reviewing the State's writ application, this court granted relief, holding: WRIT GRANTED AND MADE PEREMPTORY: The trial court abused its discretion in granting Respondent's motion for new trial. Respondent bore the burden of proving that the evidence was newly discovered, that the defense exercised due diligence in discovering the evidence, that the evidence was material to the issues at trial, and that the outcome of the trial probably would have been different if the evidence had been introduced. Investigators obtained a doo-rag from Defendant and a pair of Air Jordan sneakers from Guillory.

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Thus, this court will instruct the trial court to inform Defendant of the La. ASSIGNMENT OF ERROR NUMBER THREE Defendant complains that: The verdict is based on insufficient evidence because there was no proof of Justin having been involved in the robbery, and the State at best could only show he was with Guillory, who shot the victim and robbed him, after the crime, but offered no direct evidence that Justin knew of or was concerned as a principal in the robbery.

ERRORS PATENT/ASSIGNMENT OF ERROR NUMBER FOURIn accordance with La. The court minutes indicate the trial court provided Defendant with written notification of the prescriptive period for filing an application for post-conviction relief; however, there is no written notification in the record, and the sentencing transcript does not indicate that Defendant was given written notice of the time limit for seeking post-conviction relief. Additionally, this court will require the district court to file written proof that Defendant received the notice in the record.

Patrolman Valair did not approach the car; instead, he radioed in and waited for backup. The trial court observed that neither the State nor the defense had been given the information about Juror Lewis's close relationship with Defendant's relatives during voir dire. Spencer, 446 So.2d 1197 (La.1984), or was “disqualified” from further service because of the blatant display of prejudices and partiality that was involved in State v. art.789 after discovering that the juror had failed to disclose that her husband was on parole for an aggravated rape conviction, even though the failure to disclose resulted from a misunderstanding of a voir dire question.

Monceaux had never before been to Le Jeune's Grocery, but he stopped there with Ms. When they arrived at the store, they spoke to a man outside. Once in Church Point, the vehicle stopped at a Chevron station. Juror Lewis revealed that she had told Juror Soileau that she needed to speak to the court about the information and that she felt “funny” about being on the case. The district court specifically found replacement to be the best option. The trial judge was called upon to decide whether the juror had become disqualified to perform his duties and, if so, what action to take. Thus, when it was shown that a juror was unable to continue to serve because of the physical disability that was involved in State v.

There was no gunshot residue or stippling around the wounds, which indicated that the gun was a minimum distance of two or three feet from Mr. Because of the type of injury, the shots were fired in rapid succession. Bollich noticed a deputy and another man outside of the store. Bollich entered the store and went to the counter where she saw that someone was hurt. Le Jeune was lying unconscious against the corner; he had been shot and was bleeding. Le Jeune would not have been able to breathe in the position she found him. When they arrived at the Chevron station, Sergeant Lafosse noticed the vehicle parked at a gas pump and a black male exiting the store and going toward the rear of the car. That's not his son.’ And his aunt said, ‘That's my nephew.’ ” This reveals that Juror Lewis participated in an, at least, three-party discussion about Defendant's relationship to his aunt and uncle. Accordingly, this assignment of error is without merit. App.11/2/05), writ denied, 05-2485 (La.3/24/06), 925 So.2d 1225, also shows that the State did not “appeal;” instead, it sought review by filing a supervisory writ.