Legal Opinion

State v. Morgan

Louisiana Court of Appeal

Decided May 16, 2018No. 2017–KA–0588PublishedCited by 4 opinions

1Opinion of the Court

Judge Roland L. Belsome

The Defendant, Joseph Morgan, seeks review of his second degree murder conviction and sentence. For the following reasons, we affirm the conviction; vacate the sentence and remand the case for re-sentencing.

STATEMENT OF THE CASE

On May 29, 2008, the Defendant1 was indicted with the second degree murder of Gervais Nicholas.2 He pled not guilty at arraignment. After a four-day trial, a twelve-person jury found the Defendant guilty as charged.3 The trial court denied the Defendant's motion for new trial and granted an appeal. Subsequently, the Defendant was sentenced to…

2Cases cited14 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. McConnell v. RhaySupreme Court of the United States · 1968
  3. State v. JacksonSupreme Court of Louisiana · 1984
  4. Ida Mae Whitehurst, Etc. v. Edward L. Wright, Jr., Etc.Court of Appeals for the Fifth Circuit · 1979
  5. State of Louisiana v. Eric Dale MickelsonSupreme Court of Louisiana · 2014

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3Cited by4 opinions

  1. State v. HarrisLouisiana Court of Appeal · 2019
  2. State of Louisiana v. Antonio Merquis HarrisLouisiana Court of Appeal · 2019
  3. State of Louisiana v. Nelson DavisLouisiana Court of Appeal · 2019
  4. State v. HarrisLouisiana Court of Appeal · 2019

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