State v. Griffin

Supreme Court of Louisiana

State v. Griffin

65 So. 3d 648, 2011 La. LEXIS 1572, 2011 WL 2586817

CourtSupreme Court of Louisiana

DecidedJune 29, 2011

DocketNo. 2011-KK-1227

StatusPublished

Cited by1 cases

This text of 65 So. 3d 648 (State v. Griffin) 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. Griffin, 65 So. 3d 648, 2011 La. LEXIS 1572, 2011 WL 2586817 (La. 2011).

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Opinion

PER CURIAM.¹

11 Writ granted. In open court, a prosecutor stipulated that the gun charge and the attempted murder charge could not be tried together. Acting on that stipulation, the trial court ruled that the charges were severed. Although this case was transferred to a different division of the trial court and a different prosecutor was then assigned, the newly assigned prosecutor and the trial court were bound by the court’s prior ruling. See State v. Smith, 39,698, p. 13 (La.App. 2 Cir. 6/29/05), 907 So.2d 192, 199 (“A stipulation has the effect of binding all parties and the court. A trial court is bound to render judgment in accordance with the stipulations between the parties where the stipulations are not in derogation of the law. Such agreements are the law of the case.”), citing R.J. D’Hemecourt Petroleum, Inc. v. McNamara, 444 So.2d 600, 601 (La.1983). Therefore, based on the unique facts of this case, we find that the trial court erred when later ruling that the gun charge and the attempted murder charge could be tried together.

KNOLL, J., would deny. CLARK, J., would deny.

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PER CURIAM.¹

11 Writ granted. In open court, a prosecutor stipulated that the gun charge and the attempted murder charge could not be tried together. Acting on that stipulation, the trial court ruled that the charges were severed. Although this case was transferred to a different division of the trial court and a different prosecutor was then assigned, the newly assigned prosecutor and the trial court were bound by the court’s prior ruling. See State v. Smith, 39,698, p. 13 (La.App. 2 Cir. 6/29/05), 907 So.2d 192, 199 (“A stipulation has the effect of binding all parties and the court. A trial court is bound to render judgment in accordance with the stipulations between the parties where the stipulations are not in derogation of the law. Such agreements are the law of the case.”), citing R.J. D’Hemecourt Petroleum, Inc. v. McNamara, 444 So.2d 600, 601 (La.1983). Therefore, based on the unique facts of this case, we find that the trial court erred when later ruling that the gun charge and the attempted murder charge could be tried together.

KNOLL, J., would deny. CLARK, J., would deny.

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Bluebook (online)

65 So. 3d 648, 2011 La. LEXIS 1572, 2011 WL 2586817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-griffin-la-2011.

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