Supreme Court of Louisiana, 2001

State v. Gilkers

State v. Gilkers
Supreme Court of Louisiana · Decided May 15, 2001 · Calogero
792 So. 2d 741; 2001 La. LEXIS 1654; 2001 WL 588932 (Southern Reporter, Second Series)

State v. Gilkers

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial *742Writs, Parish of Jefferson, 24th Judicial District Court, Div. C, No. 00-3294; to the Court of Appeal, Fifth Circuit, No. 01-K-522.

Granted. Negligent homicide. La.R.S. 14:32, is not a responsive verdict to a charge of second degree murder. La.Code Cm.P. art. 814(A)(3). The trial court is ordered to strike the jury charge regarding negligent homicide and remove negligent homicide from the responsive verdicts presented to the jury.

CALOGERO, C.J., recused.

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