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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 44

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinion handed down on the 13th day of June, 2005, is as follows:

BY WEIMER, J.:

2004-KA-2200

STATE OF LOUISIANA v. ROBERT CUNNINGHAM (Parish of Orleans) (Possession of Marijuana) The judgment of the Appellate Division of Criminal District Court for the Parish of Orleans finding LSA-R.S. 5:499-501 unconstitutional is reversed. Defendant's conviction and sentence are reinstated. The matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED. CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons. KNOLL, J., concurs in result.

06/13/2005

SUPREME COURT OF LOUISIANA
No. 04-KA-2200 STATE OF LOUISIANA VERSUS ROBERT CUNNINGHAM

ON APPEAL FROM THE APPELLATE DIVISION OF CRIMINAL DISTRICT COURT, FOR THE PARISH OF ORLEANS, FRANK MARULLO, JR., CALVIN JOHNSON, AND JULIAN PARKER, JUDGES

WEIMER, Justice This case is before the court on appeal pursuant to La. Const. art. V,

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