I don't know the answer to your question, I am sure Cajun lawyer will be able to answer, but please take the following news clip seriously:
"A jury in 2005 convicted Duncan in the killing of the 57-year-old Breaux after hearing testimony that Duncan and three other teenage boys followed Breaux on the evening of May 1, 2004 to rob him but that only Duncan had a gun.
But Waldron overturned that conviction a few months later on appeal after hearing testimony from an 8-year-old boy who said he saw only one "boy" following "the man," who as killed.
Waldron granted Duncan a new trial, ruling that Duncan's defense team was denied a chance to present "contradictory evidence" in the form of the 8-year-old's testimony.
Breaux was shot once in the head at the corner of Orchid and North Dupre as he was leaving the New Orleans Jazz and Heritage Festival."
Steve