State of Louisiana v. Nicole Aymond & Michael Riche

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Kenneth Lee Riche'
Riche' Law Firm
P.O. Box 66656
Baton Rouge LA 70896-665

REHEARING ACTION: November 5, 2008

Docket Number: 08 00711-KW

STATE OF LOUISIANA
VERSUS
NICOLE AYMOND &
MICHAEL RICHE

Writ Application from Avoyelles Parish Case No. 142,893 / 142,894, 142,895,
142,998

BEFORE JUDGES:

Hon. Oswald A. Decuir
Hon. J. David Painter
Hon. James T. Genovese

As counsel of record in the captioned case, you are hereby notified that the

application for rehearing filed by Michael Riche has this day been

DENIED.
Genovese, J., would grant the rehearing and dissents for the following
reasons.

Genovese, J., Upon further review of this matter, I find our prior writ decision in
State v. Aymond, an unpublished writ application bearing docket number 08-711
(La.App. 3 Cir. 8/18/08), to be erroneous. I find State v. Matthieu, 506 So.2d 1209
(La. 1987), inapplicable. I find State v. Case, 363 So.2d 486 (La. 1978), and State v.
Loera, 530 So.2d 1271 (La.App. 2 Cir. 1988), writs denied, 536 So.2d 1252, (La.
1989), to be applicable. I agree with the trial court’s written reasons for ruling and his
ruling granting defendant’s motion to suppress. To rule otherwise is to neuter
Louisiana Code of Criminal Procedure Article 161 and open the floodgates to “judge
shopping.” Without satisfactory proof of one of the judicially recognized exceptions,
a city court judge, or any judge authorized to issue a search warrant, cannot simply
issue a search warrant outside his jurisdiction in contravention of statutory
authorization. Consequently, I would grant the defendant’s application for rehearing.

cc: Hon. Charles A. Riddle III, Counsel for the Respondent
Michael Francis Kelly, Counsel for the Applicant
Harold Alan Murry, Counsel for the Respondent

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Harold Alan Murry
Attorney at Law
P. O. Box 506
Alexandria LA 71309

REHEARING ACTION: November 5, 2008

Docket Number: 08 00711-KW

STATE OF LOUISIANA
VERSUS
NICOLE AYMOND &
MICHAEL RICHE

Writ Application from Avoyelles Parish Case No. 142,893 / 142,894, 142,895,
142,998

BEFORE JUDGES:

Hon. Oswald A. Decuir
Hon. J. David Painter
Hon. James T. Genovese

As counsel of record in the captioned case, you are hereby notified that the

application for rehearing filed by Nicole Aymond has this day been

DENIED.
Genovese, J., would grant the rehearing and dissents for the following
reasons.

Genovese, J., Upon further review of this matter, I find our prior writ decision in
State v. Aymond, an unpublished writ application bearing docket number 08-711
(La.App. 3 Cir. 8/18/08), to be erroneous. I find State v. Matthieu, 506 So.2d 1209
(La. 1987), inapplicable. I find State v. Case, 363 So.2d 486 (La. 1978), and State v.
Loera, 530 So.2d 1271 (La.App. 2 Cir. 1988), writs denied, 536 So.2d 1252, (La.
1989), to be applicable. I agree with the trial court’s written reasons for ruling and his
ruling granting defendant’s motion to suppress. To rule otherwise is to neuter
Louisiana Code of Criminal Procedure Article 161 and open the floodgates to “judge
shopping.” Without satisfactory proof of one of the judicially recognized exceptions,
a city court judge, or any judge authorized to issue a search warrant, cannot simply
issue a search warrant outside his jurisdiction in contravention of statutory
authorization. Consequently, I would grant the defendant’s application for rehearing.

cc: Hon. Charles A. Riddle III, Counsel for the Respondent
Michael Francis Kelly, Counsel for the Applicant
Kenneth Lee Riche', Counsel for the Respondent

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403