State Of Louisiana VS Albert Franklin
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA 2021 NO. PAGE VERSUS ALBERT 0896 1 OF 2 FRANKLIN NOVM4BER In KW Re: Albert Franklin, Judicial GUIDRY, WRIT supervisory Parish Court, 19th writs, East of 2021 Baton Rouge, 04- 18- 0404. No. BEFORE: for applying District 18, AND HOLDRIDGE, CHUTZ, JJ. DENIED. WRC Holdridge, J., is It concurs. from clear the evidence and the exhibits introduced at the motion to suppress hearing that the in officers also this apparent actions the of defendant' s coercive there actions T that two due the gives great to to as request the the trial court' the alleged I have may jurisprudence of the s is the whether to or of While follow to weight It practices. interpretations defendant his to officers. constrained best the different the and was of am follow not are officers confession differently, state did case that ruled this credibility determination as to the admissibility of the evidence and absent a clear abuse discretion of that the trial court' State should not be reversed by the appellate court. 0887 ( 5/ 22/ 95), La. J., Guidry, Relator to his his find I to right So. 2d dissents invoked him. 655 relator' counsel to s would and See totality of the circumstances. La. 1st Cir. 2/ 15/ 13), 2013 WL App. 2013- 0585 ( invokes his subsequent a yes to it initiated' to See the also La. R. S. 15: 452 ( treatment designed confession of regarding an statement driving, the by the no 2012- 0940 writ w] hen is to be be asked and if denied, defendant a answer his purported that the the whether the totality fact with his of determined by waived the the dialogue 5, of the under admissibility whether under provided invocation Winfrey, defendant necessary the the is right waiver the of accused, authorities."). shall be subjected to any or mind to compel a body arrestee " effect on initiated officer alleged crime. officer from and is, application. was crime."). Herein, talk, that the reopened must the intelligent including police, the law his at * 1014 ("[ conversation; whether silence, and circumstances, not first v. 595671, federal writ counsel of State counsel, further inquired and knowing was it 94- Green, v. intelligent and So. 3d to under analysis: be 122 right confessions must counsel 13), Miranda two- step defendant ` 10/ 4/ La. no waiver knowing not the grant counsel purported was determination 272. and right s the informed Before relator relator that passenger relator would further be of the charged stated he vehicle with conversation he had wanted to obtained a relator killing had the been police STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2021 NO. KW PAGE officer the relator officer Relator then videotape to right two on counsel, was to 46 remain off silent OF APPEAL, DEPUTY as L. Ed. 2d CLERK FOR after depends questioning' COURT time THE also honor v. 313 ( the under prayed, above, relator' Mosley, 423 1975) (" person Miranda on I FIRST CIRCUIT COURT COURT to find s be U. S. the invoking approximately moaned, cold. the police off cut 104, 96 has his ' S. Ct. decided right and Based admissibility custody whether and but." his to 96, 2 Further, that right the in for OF scared, cried, appeared 2 things after room scrupulously honored.'"). was ' OF relator was of talk. that a he side to in left outlined Michigan obtained desire reflects Relator scared. stated your get was scrupulously 326, statements his relator See Relator to interview circumstances, questioning. 321, over. want during which he the failed run expressed the of hours, stated had replied, " 0896 to of to cut
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