Opinion
NO. 2019 KW 0655
08-21-2019
STATE OF LOUISIANA v. OSCAR LOZADO
In Re: Oscar Lozado, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 11-18-0201. BEFORE: CRAIN, THERIOT, AND HOLDRIDGE, JJ.
WRIT DENIED.
WJC
Holdridge, J., I concur in the writ denial. While I may have arrived at a different result, the trial court's conclusions as to the credibility and weight of the testimony relating to voluntariness of a confession "are entitled to great weight." See State v. Watson, 423 So.2d 1130, 1133 (La. 1982). When a trial court denies a motion to suppress, factual and credibility determinations should not be reversed in the absence of a clear abuse of the trial court's discretion. See State v. Green, 94-0887 (La. 5/22/95), 658 So.2d 272, 280-81.
Theriot, J., dissents and would grant the writ application. When an acused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights. Edwards v. Arizona, 451 U.S. 477, 484, 101 S.Ct. 1880, 1884-85, 68 L.Ed.2d 378 (1981). I find that relator clearly and unambiguously invoked his right to counsel at which point the detective should have ceased further inquiry. See State v. Lagos, 2018-1724 (La. 1/28/19), 262 So.3d 277, 278 (per curiam). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT