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State v. Cole

Supreme Court of Louisiana
Jun 27, 1983
434 So. 2d 1103 (La. 1983)

Summary

In Cole, the court held that the issue of whether to permit a trial to reopen a suppression hearing prior to trial "properly addresses itself to the discretion of the trial judge."Id.

Summary of this case from State v. Mims

Opinion

No. 83-KK-1012.

June 27, 1983.

In re Francis E. Cole, applying for writ of certiorari. Criminal District Court, Parish of Orleans. No. 289-518. Court of Appeal, Fourth Circuit. No. K-0794.


Granted. Ruling of the Court of Appeal in this matter is reversed and set aside and the ruling of the trial judge reopening the motion to suppress hearing is reinstated. While the Court of Appeal action of January 27, 1983, from which no rehearing was sought, nor writs taken, did become final in the sense that it was no longer reviewable, it was nonetheless an interlocutory ruling in this ongoing criminal prosecution.

Defendant's motion to reopen the motion to suppress hearing is essentially a second hearing on the motion to suppress at which he proposed to present additional evidence in support of his position.

Whether to permit the latter (a second suppression or a reopened suppression hearing) prior to trial in view of the interlocutory posture of the matter properly addresses itself to the discretion of the trial judge.


Summaries of

State v. Cole

Supreme Court of Louisiana
Jun 27, 1983
434 So. 2d 1103 (La. 1983)

In Cole, the court held that the issue of whether to permit a trial to reopen a suppression hearing prior to trial "properly addresses itself to the discretion of the trial judge."Id.

Summary of this case from State v. Mims
Case details for

State v. Cole

Case Details

Full title:STATE OF LOUISIANA v. FRANCIS E. COLE

Court:Supreme Court of Louisiana

Date published: Jun 27, 1983

Citations

434 So. 2d 1103 (La. 1983)

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