83-KK-1012 Precedential Reinstated Processed

State v. Cole

Louisiana Supreme Court · Filed June 27, 1983 · 434 So. 2d 1103

Cited by

State of Louisiana Versus Bobby L. James La. Ct. App. 5th Cir. 2025
State of Louisiana v. Laura Collins La. Ct. App. 4th Cir. 2023
State of Louisiana v. Malik K. Lawson La. Ct. App. 4th Cir. 2019
State v. Lee 83 So. 3d 1191 La. Ct. App. 1st Cir. 2012
State v. Robinson 87 So. 3d 881 La. Ct. App. 5th Cir. 2011
State v. Mims 769 So. 2d 44 La. Ct. App. 4th Cir. 2000
State v. Green 655 So. 2d 272 La. 1995
State v. Green 655 So. 2d 252 La. 1995
Carter v. Western Kraft Paper Mill 649 So. 2d 541 La. Ct. App. 3d Cir. 1994
State v. Nixon 537 So. 2d 326 La. Ct. App. 1st Cir. 1988
State v. Adams 521 So. 2d 470 La. Ct. App. 4th Cir. 1988
Landry v. Bill Garrett Chevrolet, Inc. 443 So. 2d 1139 La. Ct. App. 4th Cir. 1983

Opinion text

434 So.2d 1103 (1983) STATE of Louisiana v. Francis E. COLE. No. 83-KK-1012. Supreme Court of Louisiana. June 27, 1983. Granted. Ruling of the Court of Appeal in this matter is reversed and set aside and the ruling of the trial judge reopening the motion to suppress hearing is reinstated. While the Court of Appeal action of January 27, 1983, from which no rehearing was sought, nor writs taken, did become final in the sense that it was no longer reviewable, it was nonetheless an interlocutory ruling in this ongoing criminal prosecution. Defendant's motion to reopen the motion to suppress hearing is essentially a second hearing on the motion to suppress at which he proposed to present additional evidence in support of his position. Whether to permit the latter (a second suppression or a reopened suppression hearing) prior to trial in view of the interlocutory posture of the matter properly addresses itself to the discretion of the trial judge.