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Editor's note: opinion released April 11, 2000

SUPREME COURT OF LOUISIANA
98-KA-0398 STATE OF LOUISIANA VERSUS DAN L. BRIGHT ON APPEAL FROM THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS HONORABLE DENNIS J. WALDRON, JUDGE

CALOGERO, Chief Justice* The defendant, Dan L. Bright, was convicted of first degree murder and sentenced to death for the killing of Murray Barnes on Super Bowl Sunday in 1995. After enjoying the football game that evening, Barnes arrived at Creola's Bar on Laussat between Press and Montegut Streets in New Orleans to discover that he had won $1,000.00 in the bar's football pool. Genora Bickham, the barmaid, handed him his winnings in two envelopes each containing $500.00. In apparent good humor, Barnes generously tipped Bickham and treated his friends to a round of drinks. After the celebrations, Barnes, his cousin Freddie Thompson, and his friend Kevin Singleton left the bar. Outside Creola's, Thompson pointed down the block to a woman who had asked for Barnes a few minutes earlier. Barnes called out "Chris" to the woman, who looked towards him, but then turned around and continued walking away. Ignoring this seeming rebuff, Barnes and his friends proceeded to Barnes's truck parked across the street. As Barnes was standing at the driver's door, two men, whom Thompson had earlier seen conversing with the woman named

*

Lemmon, J., not on panel. See Rule IV, Part 2,

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