State Of Louisiana v. David Mayfield

Supreme Court of Louisiana
November 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DAVID MAYFIELD
No. 2024-KK-00731
_ _
_ _ _ _
IN
RE: David Mayfield - Applicant Defendant; Applying For Supervisory Writ,
Parish of St. Charles, 29th Judicial District Court Number(s) 20- 556, Court of
Appeal, Fifth Circuit, Number(s) 23-KH-456;
_ _ _ _ _ _
November 06, 2024
Writ application granted. See per curiam.
Weimer, C.J., would grant and docket.
JTK
JDH
SJC
WJC
JBM
PDG
11/06/2024 "See News Release 050 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2024-KK-00731
ST
ATE OF LOUISIANA
VS.
DA VID MAYFIELD
O
n Supervisory Writ to the 29th Judicial District Court, Parish of St. Charles
PE
R CURIAM
WRIT DENIED IN PART; WRIT GRANTED IN PART.
We agree with the reasons assigned by Judge Johnson affirming the District
Court’s finding defendant is owner of the firearms at issue, and at least one of the
firearms is derivative contraband. See State v. Mayfield , 23-456 (La. App. 5 Cir.
5/23/24)(unpublished).
The record shows the State did not present evidence showing which firearm(s)
was used by defendant in the commission of the offense. Therefore, the District
Court is ordered to hold a hearing to determine which firearm defendant used in
committing the offense.
Only the firearm(s) used by defendant is subject to contraband seizure. The
remaining firearms shall be released to the owner according to the provisions of La.
R.S. 15:41.
Accordingly, we reverse the District Court’s ruling in part and remand this
matter for further proceedings consistent with this order.
11/06/24