STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0120 VERSUS

CALVIN KEMP APRIL 22, 2021

In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, Nos. DC - 19- 06860 & DC - 19-- 06865.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. In State v. King, 2019- 01332 ( La. 4/ 3/ 20), So. 3d _, 2020 WL 1671536 ( per curiam), the Supreme Court found that in a Miranda warning, no temporal aspect regarding the right to counsel is required. The trial court, therefore, abused its discretion in granting the motion to suppress the defendant' s statement, ruling that while being Mirandized, the defendant was not informed that he had a right to an attorney during questioning." Accordingly, the trial court' s ruling granting the motion to suppress is reversed, and this matter is remanded to the trial court for further proceedings.

VGW JEW WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE K OF COURT FOR THE COURT