State Of Louisiana v. Richard Michael Deidrich

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0767 VERSUS RICHARD MICHAEL DEIDRICH AUG 19 2019 In Re: State of Louisiana, for applying supervisory writs, 22nd Judicial District Court, Parish St. of Tammany, No. 577, 798. BEFORE: MOCLENDON, WELCH, AND HOLDRIDGE, JJ. WRIT GRANTED. The trial court it too erred when heavily relied on defendant' s expert' s opinion regarding his capacity to knowingly and voluntarily waive his right to remain silent. The lower court' s grant of defendant' s motion to suppress is reversed, and the case is remanded for further proceedings. State v. Bennett, 34 So. 2d 1129 , 1137 ( La. 1977); see also State v. Brown, 414 So. 2d 689, 696 ( La. 1982) ("'[ M] oderate mental retardation and low intelligence illiteracy do not of or themselves vitiate the to ability knowingly and intelligently waive constitutional rights and make a free and voluntary confession.'") ( citations omitted). PMO JEW Holdridge, J., dissents. The trial court did not abuse its discretion. COURT OF APPEAL, FIRST CIRCUIT EPUTY CLERK O COURT FOR THE COURT