the autopsy toxicology analysis revealed that the victim had "amphetamine, methamphetamine, and MDMA [ecstasy] in his urine at the time of death."
the third circuit found that the evidence presented at trial "was insufficient for a finding of specific intent to support a verdict of second degree murder." and that "the evidence was also insufficient to convict the defendant of any of the lesser responsive verdicts of manslaughter or negligent homicide."
our own associate justice, shannon gremillion, dissented, writing that while the evidence did not support the 2nd degree murder verdict -- it did support a verdict of negligent homicide, mostly because "there was no dispute at trial that defendant pulled the trigger."
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State of La vs Mary Henderson Trahan 06 July 2011 ====
State of Louisiana vs Mary Henderson Trahan Gremillion Dissent 06 July 2011