State ex rel. Joyner v. Phelps

Supreme Court of Louisiana
State ex rel. Joyner v. Phelps, 352 So. 2d 187 (La. 1977)
1977 La. LEXIS 6468
Calogero, Dixon, Granted, Marcus, Should, Summers, That

State ex rel. Joyner v. Phelps

Opinion of the Court

In re: Thomas C. Joyner, Jr., applying for supervisory writs.

Writ denied. As to issue 1: The trial court was in error in refusing to permit the Kaese search warrant and affidavit into evidence. The relator was adversely affected and had standing to contest the validity of the Kaese search. La.Const. Art. 1, Sec. 5 (1974); State v. Culotta, 343 So.2d 977 (La. 1976); State v. Herbert, 351 So.2d 434 (La. 1977) (docket No. 58,726, opinion on rehearing rendered October 10, 1977). However, on examining the affidavit and *188warrant, which are attached to the proceedings, we find that the affidavit adequately establishes probable cause for the search. As to issue 2: We are unable to find error in the trial court’s holding that the uncon-tradicted testimony of the prosecutor and of Kaese’s attorney establishes that no plea bargain was entered into before Kaese’s testimony at the trial (or to date), and that the Kaese bargaining discussions commenced only after the relator was convicted.

Concurring Opinion

SUMMERS, J.,

is of the opinion writ should be denied, but does not agree that the trial judge was in error in refusing to permit the Kaese search.

Dissenting Opinion

DIXON, J.,

is of the opinion that the affidavit did not connect Kaese with a drug transaction and did not set out probable cause to support a search warrant to search Kaese’s apartment, and would grant.

CALOGERO, J., is of the opinion that the writ should be granted.

Concurring Opinion

MARCUS, J.,

concurs in the denial of this writ. See my dissenting opinion in State v. Herbert, No. 58,726 (La. Oct. 10, 1977), 351 So.2d 434.

Reference

Full Case Name
STATE of Louisiana ex rel. Thomas C. JOYNER, Jr. v. C. Paul PHELPS, Warden, Dept. of Corrections, State of Louisiana
Cited By
1 case
Status
Published