State ex rel. Joyner v. Phelps
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
Concurring Opinion
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
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.
Concurring Opinion
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