Opinion
22-K-165
04-20-2022
STATE OF LOUISIANA v. DONOVAN HINOJOSA
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DANYELLE M. TAYLOR, DIVISION "O", NUMBER 21-4469.
Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and John J. Molaison, Jr.
WRIT GRANTED FOR LIMITED PURPOSE
Relator, the State of Louisiana, seeks review of the trial court's granting of the motion of the defendant, Donovan Hinojosa, to suppress statements. The transcript from the suppression hearing on February 17, 2022 submitted in connection with the state's writ application reflects that the trial judge, in making her ruling, references the actions and omissions of the detective while informing the defendant of his rights as demonstrated in the audiovisual recording of the interrogation presented by the defendant in his cross-examination. However, the defendant did not offer, file, and introduce into evidence the recording as an exhibit.
Exhibits and attachments not properly and officially offered and admitted into evidence cannot be considered, even if physically filed into the trial court record. State v. Whitley, 14-737 (La.App. 5 Cir. 03/25/15), 169 So.3d 658, 660 (citing Denoux v. Vessel Mgmt. Services, Inc., 07-2143 (La. 5/21/08), 983 So.2d 84, 88). However, this Court has previously exercised its supervisory jurisdiction to remand a case to the trial court to allow the proper introduction of an exhibit. State v. Durning, 16-757 (La.App. 5 Cir. 1/17/17) (unpublished disposition).
Accordingly, we grant this writ for the limited purpose of remanding this matter to the trial court for reopening of the hearing on the defendant's motion to suppress to allow the defendant to properly offer, file, and introduce into evidence the audiovisual recording containing the statements at issue in his motion. State v. Young, 99-880 (La.App. 5 Cir. 01/12/00); 751 So.2d 364, 368; State v. Whitley, supra.
JJM
SMC
FHW
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 04/20/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: