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SUPREME COURT OF LOUISIANA No. 96-K-2227 STATE OF LOUISIANA v. SAMUEL LEE BANKS On Writ of Certiorari to the Third Circuit Court of Appeal PER CURIAM:*

The state has sought review of the decision in State v. Banks, 95-1210 (La. App. 3rd Cir. 4/3/96), 677 So.2d 455, reversing the defendant's conviction and sentence for aggravated crime against nature, in violation of La.R.S. 14:89.1. The Third

Circuit held that the jury's exposure to a news account of the case, "so damning that a juror might reasonably be expected to lose his objectivity if exposed to the article," deprived the defendant of a fair and impartial verdict. 667 So.2d at 457. Id., 95-1210 at 6,

Because the rule adopted by the Third Circuit,

under which "the subjective good faith of the juror should not outweigh the objective damage done by the article," id., conflicts with the broad discretion this Court has accorded the trial court in determining the impact of publicity about the proceedings on the capacity of jurors to render a fair and impartial verdict, we granted writs and now reverse. Jury selection in this case was completed on June 14, 1995, and the court recessed trial overnight. On the following

*

Calogero, C.J., not on panel.

See Rule IV, Part 2,

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