From Casetext: Smarter Legal Research

State v. Mitchell

Supreme Court of Louisiana
May 22, 2009
9 So. 3d 130 (La. 2009)

Opinion

No. 2009-KK-0977.

May 22, 2009.

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. C, No. 482-366; to the Court of Appeal, Fourth Circuit, No. 2009-K-0577.


Writ granted. The trial court judgment granting the suppression of testimony concerning the contents of the surveillance videotape is hereby reversed. The evidence establishes that the pertinent video footage was lost, and this loss was not due to bad faith on the part of the State of Louisiana. La.C.E. art. 1004(1).

JOHNSON, J, would deny.


Summaries of

State v. Mitchell

Supreme Court of Louisiana
May 22, 2009
9 So. 3d 130 (La. 2009)
Case details for

State v. Mitchell

Case Details

Full title:STATE of Louisiana v. Raymond MITCHELL, Jerome Mitchell and Wayne Alexis

Court:Supreme Court of Louisiana

Date published: May 22, 2009

Citations

9 So. 3d 130 (La. 2009)

Citing Cases

State v. Nash

The jurisprudence requires bad faith in destruction or loss for the evidence to be excluded. State v.…