State Of Louisiana v. Gregory Gooden

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISTANA NO. 2025 KW 1067

VERSUS

GREGORY D. GOODEN, II MARCH 23, 2026

In Re: Gregory D. Gooden, II, applying for supervisory writs,
21st Judicial District Court, Parish of Tangipahoa, No.
2500629,

BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. All issues, whether
of law or fact, that arise on a motion to quash, shall be tried by
the court without a jury. La. Code Crim. P. art. 537. The motion
to quash is essentially a mechanism by which to raise pre-trial
pleas of defense, i.e., those matters which do not go to the merits
of the charge. La. Code Crim. P. arts. 531-534. The district
court erred by not holding a contradictory hearing on relator’s
claim that he was entitled to immunity from prosecution pursuant
to La. R.S 14:403.10(B). Accordingly, the rulings on the motions
to quash filed in April 2025 and May 2025 are vacated and this
matter is remanded for a contradictory hearing with the State. In
all other respects, the writ application is denied.

PMc
HG
TPS

CQURT OF APPEAL, FIRST CIRCUIT

wee CLERK OF COURT

FOR THE COURT