Supreme Court of Louisiana, 1989

State v. Vappie

State v. Vappie
Supreme Court of Louisiana · Decided May 19, 1989 · Calogero, Dennis, Grant, Lemmon, Writ
542 So. 2d 1377; 1989 La. LEXIS 1352; 1989 WL 51818 (Southern Reporter, Second Series)

State v. Vappie

Opinion of the Court

In re Vappie, Rhodita; Loubier, Belinda; Reed, Larry;—Defendants); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Criminal District Court Div. “C” Number 330-118; to the Court of Appeal, Fourth Circuit, Number 88KW-0529.

Denied.

Concurring Opinion

LEMMON, J.,

concurs, but notes that the trial court may permit relator to reopen the hearing on the motion to suppress evidence. Although the trial judge took the efficient approach, relator’s argument is technically correct, and any prejudice can be avoided by reopening the hearing, now *1378that relator has sought supervisory review of the ruling.

Dissenting Opinion

CALOGERO, J.,

would grant and notes additionally that he believes the district court judge is yet at liberty to reopen the hearing on the motion to suppress on the terms and conditions that had been set forth by the trial court.

DENNIS, J., would grant the writ.

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