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Appeals Court decision on Justin Sizemore

Appeals Court decision on Justin Sizemore

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Published by mcooperkplc
Here is the decision by the Third Circuit Court of Appeals for Justin Robert Sizemore, who was convicted in connection with the 2010 fatal shooting of Christopher Hoffpauir.
Here is the decision by the Third Circuit Court of Appeals for Justin Robert Sizemore, who was convicted in connection with the 2010 fatal shooting of Christopher Hoffpauir.

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Categories:Types, Business/Law
Published by: mcooperkplc on Dec 18, 2013
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01/09/2014

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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
 
13-529 consolidated with 13-530 STATE OF LOUISIANA VERSUS JUSTIN ROBERT SIZEMORE
********** APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 79569 HONORABLE JAMES R. MITCHELL, DISTRICT JUDGE
 
**********
MARC T. AMY JUDGE
********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, Marc T. Amy, and J. David Painter, Judges.
AFFIRMED. Asa A. Skinner District Attorney Drew W. Mason Assistant District Attorney Terry W. Lambright Assistant District Attorney Post Office Box 1188 Leesville, LA 71496-1188 (337) 239-2008 COUNSEL FOR APPELLEE: State of Louisiana
 
Douglas Lee Harville Louisiana Appellate Project 400 Travis Street, Suite 1702 Shreveport, LA 71101 (318) 222-1700 COUNSEL FOR DEFENDANT/APPELLANT: Justin Sizemore Justin Sizemore Spruce-3 Main Prison Louisiana State Prison Angola, LA 70712 IN PROPER PERSON
 
 
 
AMY, Judge.
The defendant was charged with second degree murder and conspiracy to commit second degree murder. Ultimately, a jury found the defendant guilty of
 both charges. For the defendant’s conviction for second degree murder, the trial
court sentenced the defendant to life imprisonment at hard labor, without benefit of
 probation, parole, or suspension of sentence. For the defendant’s conviction for
conspiracy to commit second degree murder, the trial court sentenced the defendant to twenty-five years at hard labor, to be served consecutively to any other sentence. The defendant appeals. For the following reasons, we affirm.
Factual and Procedural Background
 On the morning of June 14, 2010, a passerby found the body of Christopher Hoffpauir in a ditch on the side of Garwood Busby Road. According to the State, the defendant, Justin Robert Sizemore, along with Kristyn Hoffpauir, conspired to
murder Christopher, who was Kristyn’s estranged husband.
The defendant was charged with second degree murder, a violation of La.R.S. 14:30.1, and conspiracy to commit second degree murder, a violation of La.R.S. 14:26 and La.R.S. 14:30.1.
1
 
The defendant’s first trial ended in a hung  jury. During the defendant’s second trial, the defense made a motion for a mistrial
on the basis that the State failed to provide the defense with
 Brady
material. Although it is unclear from the record to what extent the State agreed with the defense on that issue, the record indicates that, at minimum, the State did not object to a mistrial. The trial court granted the motion for a mistrial. After the
defendant’s third trial, the jury returned guilty verdicts as to both charges.
1
 
The defendant’s charges were filed
under separate docket numbers. However, the record indicates that the charges were consolidated for trial.
The defendant’s cases were also
consolidated on appeal.

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