State Of Louisiana v. John Noehl and Analise Noehl

STATE OF LOUISIANA NO. 2024 KW 0481

VERSUS

JOHN NOEHL AND ANALISE NOEHL
SEPTEMBER 3, 2024

In Re: State of Louisiana, applying for supervisory writs, 19th
Judicial District Court, Parish of East. Baton Rouge, No.
DC - 23- 01215.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT DENIED.

Greene, J.,
respectfully dissents and would grant the writ
application. I find that the trial court abused its discretion in
granting the motion to suppress statements. The subjective view
of the detectives that the defendants were suspects, if
undisclosed, has
bearing upon the question of
no whether the
defendants were in custody for purposes of Miranda v. Arizona, 384
U. S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 ( 1966). State v. Joseph,
2005- 2169 ( La. App. 1st Cir. 12/ 28/ 06), 2006 WL 3813708, * 8
unpublished) , writ denied, 2007- 0273 ( La. 10/ 5/ 07) , 964 So. 2d
384. The defendants voluntarily entered the hospital room for
questioning and their freedom of movement was not restricted in
any manner. See Joseph, 2006 WL 3813708 at * 9. Thus, I would

find they were not in custody at the time of the statements at
issue.

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT
FOR THE COURT