State Of Louisiana v. Richard Michael Deidrich

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0767

VERSUS

RICHARD MICHAEL DEIDRICH
AUG 19 2019

In Re: State of Louisiana, for
applying supervisory writs,

22nd Judicial District Court, Parish St.
of
Tammany,
No. 577, 798.

BEFORE: MOCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. The trial court it too
erred when
heavily
relied on defendant' s expert' s opinion regarding his capacity to
knowingly and voluntarily waive his right to remain silent. The
lower court' s grant of defendant' s motion to suppress is
reversed, and the case is remanded for further proceedings.
State v. Bennett, 34 So. 2d 1129, 1137 ( La. 1977); see also
State v. Brown, 414 So. 2d 689, 696 ( La. 1982) ("'[ M] oderate
mental retardation and low intelligence illiteracy do not of
or

themselves vitiate the to
ability knowingly and intelligently
waive constitutional rights and make a free and
voluntary
confession.'") ( citations omitted).

PMO

JEW

Holdridge, J., dissents. The trial court did not abuse its
discretion.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK O COURT
FOR THE COURT