STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0767 VERSUS

RICHARD MICHAEL DEIDRICH AUG 19 2019 In Re: State of Louisiana, for applying supervisory writs, 22nd Judicial District Court, Parish St. of Tammany, No. 577, 798.

BEFORE: MOCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. The trial court it too erred when heavily relied on defendant' s expert' s opinion regarding his capacity to knowingly and voluntarily waive his right to remain silent. The lower court' s grant of defendant' s motion to suppress is reversed, and the case is remanded for further proceedings.

State v. Bennett, 34 So. 2d 1129, 1137 ( La. 1977); see also State v. Brown, 414 So. 2d 689, 696 ( La. 1982) ("'[ M] oderate mental retardation and low intelligence illiteracy do not of or themselves vitiate the to ability knowingly and intelligently waive constitutional rights and make a free and voluntary confession.'") ( citations omitted).

PMO JEW

Holdridge, J., dissents. The trial court did not abuse its discretion.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK O COURT FOR THE COURT