State v. Gabriel

Supreme Court of Louisiana

State v. Gabriel

179 So. 3d 611, 2015 La. LEXIS 2868, 2015 WL 7721807

Supreme Court of Louisiana·Decided October 30, 2015·No. No. 2015-KK-1437·Published

Opinion

In re Darrell Gabriel, Jr.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. C, No. 54222; to the Court of Appeal, Third Circuit, No. KW 15-00442.

Granted. The Court of Appeal erred in considering the State’s writ application which was filed without including documentation of the return date and any extensions thereof. See Uniform Rules of the Louisiana Courts of Appeal Rule 4-3. Accordingly, we reverse and vacate the judgment of the Court of Appeal, and reinstate the judgment of the District Court, which found the prior deposition testimony of Dewaun Papillion inadmissible.

HUGHES, J., would deny.

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In re Darrell Gabriel, Jr.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Vermilion, 15th Judicial District Court Div. C, No. 54222; to the Court of Appeal, Third Circuit, No. KW 15-00442.

Granted. The Court of Appeal erred in considering the State’s writ application which was filed without including documentation of the return date and any extensions thereof. See Uniform Rules of the Louisiana Courts of Appeal Rule 4-3. Accordingly, we reverse and vacate the judgment of the Court of Appeal, and reinstate the judgment of the District Court, which found the prior deposition testimony of Dewaun Papillion inadmissible.

HUGHES, J., would deny.

State v. Gabriel, 179 So. 3d 611, 2015 La. LEXIS 2868, 2015 WL 7721807 (La. 2015).

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