Opinion
No. 2002-CC-0607
March 22, 2002.
IN RE: Matthews, James Earl; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. C, Nos. 97-7986; to the Court of Appeal, Third Circuit, No. CW 01-01508
Granted. The judgment of the trial court is not clearly wrong. The court of appeal erred in substituting its opinion for that of the trial court, which was in a superior position to observe the witness. See In re A.J.F., 00-0948 at p. 26 (La. 6/30/00), 764 So.2d 47 at 62. Accordingly, the judgment of the Court of Appeal is reversed and the judgment of the trial court is reinstated.
CDT
PFC
CDK
BJJ
JPV
JTK
JLW