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FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 40


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 10th day of July, 2006, are as follows:

BY TRAYLOR, J.:

2005-KA-0011
STATE OF LOUISIANA v. DONALD LEE LEGER, JR. (Parish of St. Mary)

(First Degree Murder)

For the reasons assigned herein, and within the unpublished appendix
made part of this opinion, the defendant's conviction and sentence are
affirmed.  In the event this judgment becomes final on direct review
when either: (1) the defendant fails to petition timely the United
States Supreme Court for certiorari; or (2) that Court denies his
petition for certiorari; and either (a) the defendant, having filed
for and been denied certiorari, fails to petition the United  States
Supreme Court timely, under their prevailing rules, for rehearing of
denial of certiorari; or (b) that Court denies his petition for
rehearing, the trial judge shall, upon receiving notice from this court
under La. C.Cr.P. art. 923 of finality of direct appeal, and before
signing the warrant of execution, as provided by La. R.S. 15:567(B),
immediately notify the Louisiana Indigent Defense Assistance Board and
provide the Board with reasonable time in which: (1) to enroll counsel
to represent defendant in any state post-conviction proceedings, if
appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2)
to litigate expeditiously the claims raised in that original
application, if filed, in the state courts.
AFFIRMED.

CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.


07/10/2006

SUPREME COURT OF LOUISIANA
NO. 2005-KA-0011
STATE OF LOUISIANA
VERSUS
DONALD LEE LEGER, JR.

ON APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT,
FOR THE PARISH OF ST. MARY
HONORABLE CHARLES L. PORTER, JUDGE

TRAYLOR, Justice
On February 5, 2002, a St. Mary Parish grand jury indicted the defendant, Donald Lee Leger, Jr., for the December 11, 2001 first degree murder of Troy Salone, in violation of La. R.S. 14:30. Other, non-capital charges, were included as separate counts in the indictment.1   On January 6, 2004, the state moved to sever the non

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Louisiana Law