State Of Louisiana v. Gregory Gooden

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISTANA NO. 2025 KW 1067 VERSUS GREGORY D. GOODEN, II MARCH 23, 2026 In Re: Gregory D. Gooden, II, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2500629, BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. All issues, whether of law or fact, that arise on a motion to quash, shall be tried by the court without a jury. La. Code Crim. P. art. 537. The motion to quash is essentially a mechanism by which to raise pre-trial pleas of defense, i.e., those matters which do not go to the merits of the charge. La. Code Crim. P. arts. 531-534. The district court erred by not holding a contradictory hearing on relator’s claim that he was entitled to immunity from prosecution pursuant to La. R.S 14:403.10(B). Accordingly, the rulings on the motions to quash filed in April 2025 and May 2025 are vacated and this matter is remanded for a contradictory hearing with the State. In all other respects, the writ application is denied.

PMc HG TPS CQURT OF APPEAL, FIRST CIRCUIT wee CLERK OF COURT FOR THE COURT