State Of Louisiana v. Richard Michael Deidrich

Opinion

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