STATE OF LOUISIANA NO. 2024 KW 0481 VERSUS

JOHN NOEHL AND ANALISE NOEHL SEPTEMBER 3, 2024

In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East. Baton Rouge, No. DC - 23- 01215.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT DENIED.

Greene, J., respectfully dissents and would grant the writ application. I find that the trial court abused its discretion in granting the motion to suppress statements. The subjective view of the detectives that the defendants were suspects, if undisclosed, has bearing upon the question of no whether the defendants were in custody for purposes of Miranda v. Arizona, 384 U. S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 ( 1966). State v. Joseph, 2005- 2169 ( La. App. 1st Cir. 12/ 28/ 06), 2006 WL 3813708, * 8 unpublished) , writ denied, 2007- 0273 ( La. 10/ 5/ 07) , 964 So. 2d 384. The defendants voluntarily entered the hospital room for questioning and their freedom of movement was not restricted in any manner. See Joseph, 2006 WL 3813708 at * 9. Thus, I would find they were not in custody at the time of the statements at issue.

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT