State v. Cole

STATE of Louisiana v. Francis E. COLE.

Supreme Court of Louisiana

Decided June 27, 1983.

Supreme Court of Louisiana · decided 1983-06-27

Key passage — most relied on by later courts

“properly addresses itself to the discretion of the trial judge.”

quoted by 1 later decision, including 769 So. 2d 44 - State v. Mims

Good law ✅— No negative treatment on recordhow we know

Decided 1983-06-27

How this case has been cited

Cited by 10 later decisions — most recently February 2012

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Granted. Ruling of the Court of Appeal in this matter is reversed and set aside and the ruling of the trial judge reopening the motion to suppress hearing is reinstated. While the Court of Appeal action of January 27, 1983, from which no rehearing was sought, nor writs taken, did become final in the sense that it was no longer reviewable, it was nonetheless an interlocutory ruling in this ongoing criminal prosecution.

¶2Defendant's motion to reopen the motion to suppress hearing is essentially a second hearing on the motion to suppress at which he proposed to present additional evidence in support of his position.

¶3Whether to permit the latter (a second suppression or a reopened suppression hearing) prior to trial in view of the interlocutory posture of the matter properly addresses itself to the discretion of the trial judge.