State v. Landry
| Decision Date | 08 November 1976 |
| Docket Number | No. 57961,57961 |
| Citation | 339 So.2d 8 |
| Parties | STATE of Louisiana v. John R. LANDRY. |
| Court | Louisiana Supreme Court |
Sam J. D'Amico, D'Amico & Curet, Baton Rouge, for defendant-relator.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Richard E. Chaffin, Asst. Dist. Atty., for plaintiff-respondent.
The State charged John R. Landry with possession of marijuana with intent to distribute in violation of LSA-R.S. 40:966, subd. A. The defendant filed a motion to suppress the marijuana, alleging an unconstitutional search and seizure. Following the hearing on the motion, the trial judge took the matter under advisement. Later, he sustained the motion to suppress.
The Assistant District Attorney assigned error and requested time to apply to this Court for supervisory relief. The trial judge gave the State until February 13, 1976, to file its application for supervisory writs.
The State did not file a writ application with this Court. Instead, on January 29, 1976, the State filed a motion for rehearing to allow the State to present further evidence. At that time, the trial judge ordered both parties to appear on March 30, 1976, to show cause why the motion for rehearing should not be granted. After argument on the motion, the trial court granted a rehearing. The defendant made timely application to this Court for supervisory writs. The trial court stayed further proceedings pending action by this Court. We granted the defendant's application for writs. La., 332 So.2d 482 (1976).
The issue is whether a trial court, after sustaining a motion to suppress tangible evidence, may grant a rehearing on that motion to allow the State to present more evidence.
The defendant argues that the Louisiana Code of Criminal Procedure does not provide for rehearings after a ruling on a motion to suppress. Moreover, he argues that even if such a procedure is authorized, since the time within which the State was to apply to this Court for writs has expired, the ruling on the motion to suppress is final.
Article 703 of the Louisiana Code of Criminal Procedure, dealing with the motion to suppress, provides in pertinent part:
The Official Revision Comment under that article (paragraph g) states:
(Italics ours.)
The Louisiana Code of Criminal Procedure makes no provision for a motion for rehearing to a ruling on a motion to suppress. Instead, the code article contemplates that the pre-trial motion will be heard expeditiously, with both the prosecution...
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92-2700 La.App. 4 Cir. 3/15/94, State v. Green
...confession. A defendant may not seek a rehearing to introduce new evidence once a trial court denies his motion to suppress. State v. Landry, 339 So.2d 8 (La.1976). In State v. Thompson, 448 So.2d 666 (La.1984), reversed on other grounds 469 U.S. 17, 105 S.Ct. 409, 83 L.Ed.2d 246, on remand......
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State v. Thompson
...of other fairness and policy considerations, we have limited the "not binding before trial" implication of the Code. In State v. Landry, 339 So.2d 8 (La.1976), we held that the State may not seek a rehearing of the grant of a motion to suppress in order to put on new evidence to support the......
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State v. Mims
...La.C.Cr.P. art. 703(F) provides that a pretrial ruling on a motion to suppress the evidence "is binding at trial." In State v. Landry, 339 So.2d 8 (La.1976), the court held that it was error for the trial court to allow the State a rehearing on a pretrial ruling in favor of the defendant on......
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State v. Valrie
...now claims that his testimony would have been pivotal since it would have shed light on the scope of his consent. In State v. Landry, 339 So.2d 8, 9 (La.1976), the Louisiana Supreme Court, in interpreting Code of Criminal Procedure Art. 703, "[t]he Louisiana Code of Criminal Procedure makes......