Opinion
No. 96-KK-1390
June 28, 1996
IN RE: Gaspard, Shawn James; — Defendant(s); Applying for Supervisory and/or Remedial writs; Parish of Lafayette 15th Judicial District Court Div. "J" Number 92-CR64085; to the Court of Appeal, Third Circuit, Number CR95 1643
Granted. The ruling of the admissibility of relator's statement is vacated and this case is remanded to the district court for retrial of the motion to suppress. See State v. Stevenson, 374 So.2d at 1191; State v. Simmons, 328 So.2d 148, 153 (La. 1976). The state shall have the opportunity to rebut, if it can, relator's allegations with regard to the manner in which he was detained in the hours before he made his statement. The district court shall rule anew on the voluntariness of relator's statement in light of any additional testimony and with specific reference to the pre-interrogation circumstances of relator's custodial detention. Relator may seek review in the court of appeal of any adverse ruling.
HTL
PFC
WFM
JCW
CDK
JPV
JOHNSON, J. not on panel.
BLEICH, J. would deny the application.