729 SO2D 1024 - State v. Whitton

How this case has been cited

13 federal appellate · 1 district · 97 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.

¶1In re: Whitton, Douglas; -Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. “G” Number 393-356; to the Court of Appeal, Fourth Circuit, Number 99KW-0437.

¶2Denied.

CALOGERO, C.J., and KIMBALL, J., would grant the writ and issue an order.LEMMON, J., would grant the stay and the application, and docket the case for argument.VICTORY, J., not on.panel.

¶3ON APPLICATION FOR WRIT OF CERTIORARI AND EMERGENCY STAY ORDER

CALOGERO, C.J. and KIMBALL, J.

¶4would grant and issue an order as follows:

¶5Defendant shall proceed to trial with a plea of not guilty. The trial court is ordered to allow defendant to present psychiatric evidence of any “substance induced memory blackout” at the time of his interrogation and confession, in accordance with La.Code Crim.P. art. 703, subject to a limiting instruction that the jury is not to consider this evidence as having any bearing on defendant’s mental capacity at the time of the offense.