86-K-1044 Precedential Processed

State v. Burge

Louisiana Supreme Court · Filed September 26, 1986 · 493 So. 2d 1204

Cited by

State Of Louisiana v. Robert Clark, Jr. La. Ct. App. 1st Cir. 2024
State Of Louisiana v. David Brown La. 2022
State of Louisiana v. Jeffrey Clark 220 So. 3d 583 La. 2016
State v. Ford 713 So. 2d 1214 La. Ct. App. 1st Cir. 1998
State v. Stelly 693 So. 2d 305 La. Ct. App. 3d Cir. 1997
State v. Billiot 672 So. 2d 361 La. Ct. App. 1st Cir. 1996
State v. Thornton 671 So. 2d 481 La. Ct. App. 1st Cir. 1995
State v. Glynn 653 So. 2d 1288 La. Ct. App. 1st Cir. 1995
State v. Gaudet 638 So. 2d 1216 La. Ct. App. 1st Cir. 1994
State v. Babin 637 So. 2d 814 La. Ct. App. 1st Cir. 1994
State v. Williams 632 So. 2d 351 La. Ct. App. 1st Cir. 1993
State v. Dixon 620 So. 2d 904 La. Ct. App. 1st Cir. 1993

all 28 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Welch 337 So. 2d 1114
337 So. 2d 1120 not in our corpus
State v. Napier 385 So. 2d 776
State v. Young 344 So. 2d 983

Opinion text

493 So.2d 1204 (1986) STATE of Louisiana v. Michael BURGE. No. 86-K-1044. Supreme Court of Louisiana. September 26, 1986. Denied. The result is correct. CALOGERO, J., would grant the writ. DENNIS, J., dissents and assigns reasons. DENNIS, Justice, would grant. The Miranda warnings have been incorporated into Article 1, section 13 of the 1974 Louisiana constitution. This court, in State v. Welch, 337 So.2d 1114 (La.1976) recognized this elevation of the Miranda warning to constitutional status. The proper inquiry provided by Welch is "whether the conditions that rendered the earlier confession inadmissable carried over to invalidate the subsequent one." 337 So.2d 1120 . That inquiry contemplates more than a determination of whether the original unwarned questioning was non-coercive. The court of appeal's adoption, in footnote 3, of the Elstad interpretation focusing on the coercive/non-coercive questioning appears to be contrary to the consistent interpretation of the rights provided by Louisiana Constitution of 1974, Article 1, section 13. See State v. Welch, supra ; State v. Napier, 385 So.2d 776 (La.1980); State v. Young, 344 So.2d 983 (La.1977). This court's mission, as the highest court in Louisiana is to guard and regulate the unity and regularity of the interpretation of the constitution and the laws. Consequently, it is this court's clear duty to exercise its supervisory jurisdiction to either require the court of appeal to conform its interpretation to our constant stream of uniform and homogenous rulings or to announce a new interpretation providing guidance for the entire court system.