State v. Gourgues

Supreme Court of Louisiana

State v. Gourgues

226 So. 3d 1116, 2017 WL 4641353, 2017 La. LEXIS 2397

CourtSupreme Court of Louisiana

DecidedOctober 16, 2017

DocketNo. 2016-K-2255

StatusPublished

Cited by1 cases

This text of 226 So. 3d 1116 (State v. Gourgues) 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. Gourgues, 226 So. 3d 1116, 2017 WL 4641353, 2017 La. LEXIS 2397 (La. 2017).

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Opinion

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ST. BERNARD

PER CURIAM:

1 Writ granted. The trial court’s ruling granting defendant’s motion to quash is reversed and the matter is remanded for further proceedings. La.C.Cr.P, art. 434 “prohibits the divulgence of testimony and other matters occurring during grand jury meetings.” State v. Gutweiler, 06-2596, 14 (La. 4/8/08), 979 So.2d 469, 479. Therefore, divulgence by the sheriffs office of two subpoenas duces tecum, which did not include testimony or evidence presented to the grand jury in the instant matter, did not violate grand jury secrecy. Moreover, revealing the mere existence of a grand jury investigation is not a statutory ground for filing a motion to quash under La. C.Cr.P. art. 532 or art. 533. Accordingly, we reinstate the indictment.

| jWEIMER, J., concurs in the result. | ¶ GUIDRY, J., concurs in the result. 1!HUGHES, J., concurs in the result.

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ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ST. BERNARD

PER CURIAM:

1 Writ granted. The trial court’s ruling granting defendant’s motion to quash is reversed and the matter is remanded for further proceedings. La.C.Cr.P, art. 434 “prohibits the divulgence of testimony and other matters occurring during grand jury meetings.” State v. Gutweiler, 06-2596, 14 (La. 4/8/08), 979 So.2d 469, 479. Therefore, divulgence by the sheriffs office of two subpoenas duces tecum, which did not include testimony or evidence presented to the grand jury in the instant matter, did not violate grand jury secrecy. Moreover, revealing the mere existence of a grand jury investigation is not a statutory ground for filing a motion to quash under La. C.Cr.P. art. 532 or art. 533. Accordingly, we reinstate the indictment.

| jWEIMER, J., concurs in the result. | ¶ GUIDRY, J., concurs in the result. 1!HUGHES, J., concurs in the result.

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Bluebook (online)

226 So. 3d 1116, 2017 WL 4641353, 2017 La. LEXIS 2397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gourgues-la-2017.

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