State v. Henderson

Full title: STATE OF LOUISIANA v. TRAHAN HENDERSON

Court: Court of Appeal of Louisiana, Fifth Circuit

Date published: Dec 13, 1999

802 So. 2d 649 (La. Ct. App. 1999)

Opinion

No. 98-KA-614.

December 13, 1999.

Before Judges H. CHARLES GAUDIN, JAMES L. CANNELLA and THOMAS F. DALEY.

PER CURIAM

On remand from the Louisiana Supreme Court, it is apparent that the Fifth Circuit's opinion, released on December 16, 1998, is not in accord with State v. Barbier, No. 98-2923 (La. 9/8/99) and should be reversed.

Accordingly, this Court's opinion affirming the trial court denial of Trahan Henderson's motion to suppress evidence is set aside. Instead, we reverse the trial judge and remand to the 24^th Judicial District Court with instructions to the judge of that court to grant Henderson's motion to suppress.

Gretna, Louisiana this 13th day of December, 1999.

_______________________ JUDGE H. CHARLES GAUDIN _______________________ JUDGE JAMES L. CANNELLA _______________________ JUDGE THOMAS F. DALEY