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