State v. Bryant
State v. Bryant
Opinion of the Court
In this criminal litigation, the only issue is whether the trial court may consider, for the purpose of sentencing, evidence which had, otherwise, been suppressed for the trial’s guilt phase. The trial court found that it could not view Mr. Wilford Bryant, Jr.’s suppressed, videotaped confession before sentencing him. The State filed writs. Finding the exclusionary rule to be inapplicable to the district court’s consideration of evidence before sentencing, we reverse the trial court’s decision.
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Originally, the State charged Mr. Bryant, with second degree murder, but later amended his charge to manslaughter. During the pre-trial phase, the trial court denied Mr. Bryant’s motion to suppress statements which, he argued, were obtained in violation of his right to counsel. In a writ decision, issued on November 14, 1996, this court reversed the trial court’s decision and ordered that Mr. Bryant’s statements be suppressed.
Thereafter, on May 10, 1999, Mr. Bryant entered an Alford plea, and the trial court scheduled sentencing for December, 19, 1999. However, before it imposed a sentence, it denied the State’s request that it view Mr. Bryant’s suppressed videotaped confession. The State sought a writ of review to this court, which we denied. The State applied for supervisory writs to the Louisiana Supreme Court. That court remanded the case to have us issue a full opinion on the issue.
Upon remand, we find that where our State and Federal laws preclude the use of suppressed evidence during the guilt phase of a criminal trial, it does not require the same for the sentencing phase. Accordingly, we reverse the trial court’s decision.
U.Use op a Suppressed Videotaped for Sentencing Purposes
The State asserts that the trial court erred in ruling that it could not consider or view Mr. Bryant’s, otherwise, suppressed videotaped confessions before his sentencing.
After thoroughly researching our jurisprudence, we find this issue to be res nova in Louisiana. However, guided by the following persuasive authority, we reverse the trial court’s decision.
First, in U.S. v. Butler,
|3 In Del Vecchio v. Illinois Dept. of Corrections,
Although these decisions are not controlling on us, we subscribe to them as well. We find that Mr. Bryant was sufficiently vindicated when we suppressed his tainted confession from the trial’s guilt phase. Accordingly, we reverse the trial court’s decision and remand the case to the trial court for sentencing.
CONCLUSION
We find that the exclusionary rule does not apply to the trial’s sentencing phase, and we reverse the trial court’s decision.
WRIT GRANTED AND MADE PEREMPTORY; REMANDED FOR FURTHER PROCEEDINGS.
. State v. Bryant, 96-1451 (La.App. 3 Cir. 11/14/96).
. State v. Bryant, 96-2996 (La.3/7/97); 690 So.2d 15.
. 680 F.2d 1055 (5th Cir. 1982).
. 414 U.S. 338, 348, 94 S.Ct. 613, 620, 38 L.Ed.2d 561 (1974).
. 978 F.2d 881, 891 (5th Cir. 1992).
. 930 F.2d 63 (D.C.Cir. 1991), cert. denied, 502 U.S. 1037, 112 S.Ct 885, 116 L.Ed.2d 788 (1992).
.Id. at 68-69.
. 31 F.3d 1363 (7th Cir. 1994), cert. denied, 514 U.S. 1037, 115 S.Ct. 1404, 131 L.Ed.2d 290 (1995).
. Id. at 1388.
. Id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.