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SUPREME COURT OF LOUISIANA NO. 97-KA-0641 STATE OF LOUISIANA V. FREDRICK DOMNE GRADLEY

ON APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT, FOR THE PARISH OF RAPIDES, HONORABLE DONALD T. JOHNSON, JUDGE MARCUS, Justice* Fredrick Gradley was indicted for the first degree murder of Rita Rabalais in violation of La. R.S. 14:30. jury, defendant was found guilty as charged. After trial by

A sentencing hearing

was conducted before the same jury that determined the issue of guilt. The jury unanimously recommended that a sentence of death The trial judge sentenced defendant to

be imposed on defendant.

death in accordance with the recommendation of the jury. On appeal, defendant relies on twenty-six assignments of error for reversal of his conviction and sentence.1

FACTS On the morning of October 24, 1994, Leta Juneau became concerned when her eighty-two year old sister-in-law, Rita

Rabalais, did not attend 8:00 A.M. daily mass, as was her custom. Immediately after the service, Leta went to Rita's home to check on her. When she arrived, she found the door to Rita's home unlocked.

*

Johnson, J., not on panel.

Rule IV, Part 2,

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Louisiana Law