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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 (Parish of St. Mary) (First Degree Murder) For the reasons assigned herein, and within the unpublished appendix made part of this opinion, the defendant's conviction and sentence are affirmed.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 noncapital offenses charged in the indictment and proceeded to trial only on the one count of first degree murder. Trial commenced with jury selection beginning on January 12, 2004. On January 20, 2004, the jury returned a unanimous verdict of guilty as charged. After a penalty phase hearing, the same jury unanimously recommended a sentence of death after finding the following aggravating circumstances: (1) that the defendant was engaged in the perpetration or attempted perpetration of an aggravated kidnapping or second degree kidnapping; (2) that the defendant was engaged in the

The indictment also charged defendant with four additional counts, including the attempted first degree murder of Katherine Kimberly Zimmerman (count two); the attempted first degree murder of Evelyn Boykin Salone (count three); possession of a firearm by a convicted felon (count four); and carjacking (count five). Vol. 1, p. 67. Citations to the record in this opinion will be designated by the volume and page number. 1

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perpetration or attempted perpetration of an aggravated burglary; and (3) that the defendant created a risk of death or great bodily harm to more than one person. La. C.Cr.P. art. 905.4(A)(1) and (4). On February 6, 2004, the trial court imposed the sentence of death in accordance with the jury's verdict. The defendant now brings the direct appeal of his conviction and sentence to this court pursuant to La. Const. art. 5,

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

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