State v. Maise

Jan 13, 1999

No. 99-KK-0051

Versions:735 So. 2d 641

1999 La. LEXIS 20

1999 WL 41113

Lead Opinion

In re State of Louisiana; — Plaintiff(s); applying for supervisory and/or remedial writ; to the Court of Appeal, Fifth Circuit, No. 99KW-0024; Parish of Jefferson, 24th Judicial District Court, Div. “K”, No. 98-3444.

Stay order recalled. Writ granted. Rulings of the court of appeal are 'vacated and set aside. Rulings of the trial court are reinstated. Defendant may reurge these issues on appeal in the event of conviction.

CALOGERO, C.J., dissents.

Concurrence Opinion

LEMMON, J.,

concurs. Since the disputed evidence has already been presented to the jury and the other crimes evidence issue is very close, I conclude the trial should continue and the issue can be thoroughly reviewed on appeal if there is a

conviction.

Concurrence in Part

JOHNSON, J.

would deny in part, the defendant’s statement to the parole officer should be suppressed. I would grant and set aside the court of appeal’s ruling on the Prieur evidence.

TRAYLOR, J., not on panel.