State Of Louisiana VS Kyle Russ, Jr.
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF 2015 NO. LOUISIANA KW 1568 VERSUS KYLE In 0 JR. RUSS, Jr., Russ, Kyle Re: 01 - 14 - 0566. No. HIGGINBOTHAM AND PETTIGREW, BEFORE: WRIT Rouge, Baton East of 19th writs, supervisory Parish Court, District Judicial for applying JJ. CRAIN, DENIED. TMH JTP dissents J., Crain, State' s the U. 535 in defendant bears case any a alleging prejudicial joinder of to State sever. 1019, 1012, L. Ed. 2d defendant the that finding joinder prejudicial as 115 A when proof of for a motion 637 5/ 23/ 94), 975, U. S. denied, 2002) . grounds La. v. writ So. 2d 130 450, S. Ct. The district court abused its discretion in 1994). 359 ( offenses 513 denied, cert. burden heavy 908, cert. 220 ( L. Ed. 2d 92 - 1623 ( Davis, v. So. 2d 152 So- 2d 496, finding State See 770 11/ 3/ 00), in merit in erred court prejudicial. 799 1311, S. Ct. 122 934, S. Cir. 10/ 12/ 01), La. 2000 - 3293 ( denied, is find I writ. district the 1st App. the grant offenses of La. 99 - 3075 ( Morris, would that argument joinder the that and under met facts the burden heavy this of herein. proving the While a district court focused on the difference between second degree murder and armed was a on bicycle were unarmed, victim, the their demanded COURT in apart, weeks who OF armed and armed, FIRST CLERK OF THE was when The on he In first during involved Friday rode up two their shot before CIRCUIT COURT COURT murder neighborhood. property. APPEAL, FOR same the occurred pistol whipped was DEPUTY ruling, instances Both robbery. its in robbery the the victims, robberies. he was armed two afternoons, both, to an robbed. defendant victims who The and were third
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