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06/21/02 "See News Release 052 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA
No. 01-KA-2799 STATE OF LOUISIANA versus ERRAN FLEMING AND KEVIN TRAINOR. ON APPEAL FROM THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS, HONORABLE ARTHUR L. HUNTER, JUDGE VICTORY, J. On September 3, 1998, defendants were each charged by bill of indictment with first degree murder in violation of La. R.S. 14:30. On July 11, 2001, the trial court quashed the indictment, finding: (1) that the defendants presented a prima facie case of discrimination in the selection of grand jury forepersons in violation of the due process and equal protection clauses of the Fourteenth Amendment; and (2) that former La. C.Cr.P. art. 413(C) was unconstitutional as a local or special law in violation of La. Const. Art. III,

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Louisiana Law