State v. Gilmore

Supreme Court of Louisiana

State v. Gilmore

127 So. 3d 907, 2013 WL 5762226, 2013 La. LEXIS 1810

CourtSupreme Court of Louisiana

DecidedAugust 22, 2013

DocketNo. 2013-KK-1559

StatusPublished

This text of 127 So. 3d 907 (State v. Gilmore) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gilmore, 127 So. 3d 907, 2013 WL 5762226, 2013 La. LEXIS 1810 (La. 2013).

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Opinion

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. E, No. 1100494; to the Court of Appeal, First Circuit, No. 2013 KW 0575.

Writ granted. The ruling of the trial court is reversed. We agree with Judge Kuhn’s dissent that none of the trial court’s stated reasons show that injustice has been done the defendant. Neither collectively nor individually are any of the reasons cited by the trial court grounds for granting a new trial. Accordingly, the trial court abused its discretion in granting the defendant’s motion for new trial.

JOHNSON, C.J., and HUGHES, J., would deny.

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In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. E, No. 1100494; to the Court of Appeal, First Circuit, No. 2013 KW 0575.

Writ granted. The ruling of the trial court is reversed. We agree with Judge Kuhn’s dissent that none of the trial court’s stated reasons show that injustice has been done the defendant. Neither collectively nor individually are any of the reasons cited by the trial court grounds for granting a new trial. Accordingly, the trial court abused its discretion in granting the defendant’s motion for new trial.

JOHNSON, C.J., and HUGHES, J., would deny.

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Bluebook (online)

127 So. 3d 907, 2013 WL 5762226, 2013 La. LEXIS 1810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gilmore-la-2013.