State Of Louisiana v. Richard Michael Deidrich ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 0767
VERSUS
RICHARD MICHAEL DEIDRICH
AUG 19 2019
In Re: State of Louisiana, for
applying supervisory writs,
22nd Judicial District Court, Parish St.
of
Tammany,
No. 577, 798.
BEFORE: MOCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT GRANTED. The trial court it too
erred when
heavily
relied on defendant' s expert' s opinion regarding his capacity to
knowingly and voluntarily waive his right to remain silent. The
lower court' s grant of defendant' s motion to suppress is
reversed, and the case is remanded for further proceedings.
State v. Bennett, 34 So. 2d 1129, 1137 ( La. 1977); see also
State v. Brown, 414 So. 2d 689, 696 ( La. 1982) ("'[ M] oderate
mental retardation and low intelligence illiteracy do not of
or
themselves vitiate the to
ability knowingly and intelligently
waive constitutional rights and make a free and
voluntary
confession.'") ( citations omitted).
PMO
JEW
Holdridge, J., dissents. The trial court did not abuse its
discretion.
COURT OF APPEAL, FIRST CIRCUIT
EPUTY CLERK O COURT
FOR THE COURT