Opinion
2024 KW 0481
09-03-2024
STATE OF LOUISIANA v. JOHN NOEHL AND ANALISE NOEHL
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC-23-01215.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT DENIED.
EW
SMM
Greene, J., respectfully dissents and would grant the writ application. I find that the trial court abused its discretion in granting the motion to suppress statements. The subjective view of the detectives that the defendants were suspects, if undisclosed, has no bearing upon the question of whether the defendants were in custody for purposes of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). State v. Joseph, 2005-2169 (La.App. 1st Cir. 12/28/06), 2006 WL 3813708, *8 (unpublished), writ denied, 2007-0273 (La. 10/5/07), 964 So.2d 384. The defendants voluntarily entered the hospital room for questioning and their freedom of movement was not restricted in any manner. See Joseph, 2006 WL 3813708 at *9. Thus, I would find they were not in custody at the time of the statements at issue.