September 9, 2020 - Opinions - Louisiana Supreme Court

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 <table cellpadding="5" cellspacing="0" style="text-align:justify;" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #032</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table> <p>&nbsp;</p><div class="nrbody"><style>.nrbody h1{ display:block; font-size:1em; font-weight:bold; text-decoration:underline; } .nrbody p { text-align:justify; } .nrdate { font-weight:bold; text-decoration:underline; } </style> <p>&nbsp;</p> <p>The Opinions handed down on the <span class="nrdate">9th day of September, 2020</span> are as follows:</p><h1>PER CURIAM:</h1><p><a href="/Opinions/2020/19-0647.K.CW.19-0730.KO.OPN.pdf">2019-K-00647 c/w 2019-KO-00730 STATE OF LOUISIANA VS. SIMON QUINN</a> (Parish of Terrebonne)<br />We find that the State need not prove a murder beyond a reasonable doubt in order for a defendant to be found guilty of obstructing a murder investigation. We affirm the ruling of the court of appeal, which reversed defendant's conviction for second degree murder, and affirmed defendant's conviction for obstruction of justice, his habitual offender adjudication, and his sentence for obstruction.<br />AFFIRMED.</p><p>Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.<br />Retired Judge Benjamin Jones appointed as Justice ad hoc sitting for Weimer, J., recused in case number 2019-KH-00647 and 2019-KO-00730.<br />Retired Judge Michael E. Kirby appointed as Justice ad hoc sitting for Crain, J., recused in case number 2019-KH-00647 and 2019-KO-00730.</p><p>Johnson, C.J., concurs in part and dissents in part and assigns reasons.<br />Crichton, J., concurs in part and dissents in part and assigns reasons.<br />Kirby, J., concurs in part and dissents in part and assigns reasons.</p><p>&nbsp;</p><p><a href="/Opinions/2020/19-998.KO.OPN.pdf">2019-KO-00998 STATE OF LOUISIANA VS. KEDDRICK KENNON</a> (Parish of Webster)<br />We reverse the court of appeal's decision in State v. Kennon, 52,661 (La. App. 2 Cir. 5/22/19), 273 So.3d 611, which found defendant's 60-year sentence as a second-felony offender was not excessive. Finding that sentence excessive, we vacate it. To restore the parties to the status quo ante, we also vacate the habitual offender adjudication, and we reinstate the original unenhanced sentences that were affirmed as amended in State v. Kennon, 50,511 (La. App. 2 Cir. 4/13/16), 194 So.3d 661, writ denied, 16-0947 (La. 5/19/17), 220 So.3d 747 - i.e., a term of 30 years imprisonment at hard labor for distribution, with the first two years to be served without parole eligibility, and a term of five years imprisonment at hard labor for possession, the two terms to be served consecutively. Finally, we remand to the district court for further proceedings consistent with the views expressed above.<br />REVERSED AND REMANDED.</p><p>Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.</p><p>Johnson, C.J., concurs in part and dissents in part and assigns reasons.<br />Crichton, J., additionally concurs and assigns reasons.<br />Crain, J., dissents and assigns reasons.</p><p>&nbsp;</p><p><a href="/Opinions/2020/19-1727.KK.OPN.pdf">2019-KK-01727 STATE OF LOUISIANA VS. DENNIS JEROME BARTIE</a> (Parish of Calcasieu)<br />We affirm the court of appeal's determination that defendant's statements during the police interview from roughly the 48-minute mark onward were made in violation of Miranda, were not free and voluntary, and therefore are not admissible for any purpose including impeachment at the trial. We reverse the court of appeal's order that the first 48 minutes of the police interview can be used only for impeachment and only if defendant testifies, and we reinstate the district court's ruling that the first 48 minutes are admissible to the extent authorized by the rules of evidence. We also reverse the court of appeal's determination that defendant's statement to the corrections officer at Allen Correctional Facility on the day after the police interview is inadmissible at trial. We remand to the district court to conduct an evidentiary hearing and then rule on the admissibility of that statement in light of our determination that defendant's statements during the police interview following the 48-minute mark were not free and voluntary.<br />AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.</p><p>Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4.</p><p>Hughes, J., concurs in part and dissents in part with reasons.</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p> </div>
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