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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 25 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 1st day of April, 2005 , are as follows:

BY KIMBALL, J. : 2003-KA-1980 STATE OF LOUISIANA v. SHAWN J. HIGGINS (Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, we set aside the defendant's first degree murder conviction and death sentence. We hereby modify the jury's verdict of guilty of first degree murder and render a judgment of guilty of second degree murder. La. Code Crim. Proc. art. 821(E). We remand the case to the trial court for sentencing of the defendant on the modified judgment to serve life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence as provided for in La. R.S. 14:30.1(B). CONVICTION OF FIRST DEGREE MURDER AND DEATH SENTENCE SET ASIDE; JUDGMENT OF GUILTY OF SECOND DEGREE MURDER RENDERED; REMANDED TO THE TRIAL COURT FOR SENTENCING OF DEFENDANT TO LIFE IMPRISONMENT AT HARD LABOR WITHOUT BENEFIT OF PAROLE, PROBATION, OR SUSPENSION OF SENTENCE. JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons.

04/01/2005

SUPREME COURT OF LOUISIANA
No. 2003-KA-1980

STATE OF LOUISIANA v. SHAWN J. HIGGINS

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON HONORABLE JO ELLEN GRANT, JUDGE

KIMBALL, Justice

This is a direct appeal from a conviction of first degree murder and a sentence of death. La. Const. art. V,

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