State Of Louisiana v. Calvin Kemp

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0120

VERSUS

CALVIN KEMP APRIL 22, 2021

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

19th Judicial District Court, Parish of East Baton
Rouge, Nos. DC - 19- 06860 & DC - 19-- 06865.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. In State v. King, 2019- 01332 ( La. 4/ 3/ 20),
So. 3d _, 2020 WL 1671536 ( per curiam), the Supreme Court
found that in a Miranda warning, no temporal aspect regarding
the right to counsel is required. The trial court, therefore,
abused its discretion in granting the motion to suppress the
defendant' s statement, ruling that while being Mirandized, the
defendant was not informed that he had a right to an attorney
during questioning." Accordingly, the trial court' s ruling
granting the motion to suppress is reversed, and this matter is
remanded to the trial court for further proceedings.

VGW
JEW

WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE K OF COURT
FOR THE COURT