Supreme Court of Louisiana, 1999

State v. Whitton

Supreme Court of Louisiana · Decided February 23, 1999 · Application, Calogero, Docket, Grant, Issue, Kimball, Lemmon, Stay, Victory, Writ

729 So. 2d 1024; 1999 La. LEXIS 330; 1999 WL 135085 (Southern Reporter, Second Series)

Opinion of the Court

In re: Whitton, Douglas; -Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. “G” Number 393-356; to the Court of Appeal, Fourth Circuit, Number 99KW-0437.

Denied.

CALOGERO, C.J., and KIMBALL, J., would grant the writ and issue an order. LEMMON, J., would grant the stay and the application, and docket the case for argument. VICTORY, J., not on.panel.

Concurring Opinion

ON APPLICATION FOR WRIT OF CERTIORARI AND EMERGENCY STAY ORDER

CALOGERO, C.J. and KIMBALL, J.

would grant and issue an order as follows:

Defendant shall proceed to trial with a plea of not guilty. The trial court is ordered to allow defendant to present psychiatric evidence of any “substance induced memory blackout” at the time of his interrogation and confession, in accordance with La.Code Crim.P. art. 703, subject to a limiting instruction that the jury is not to consider this evidence as having any bearing on defendant’s mental capacity at the time of the offense.

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