95-K - 1876 STATE OF LOUISIANA v. FLOYD CARMICHAEL FRANKLIN (Parish of Terrebonne) (Five Counts Attempted Second Degree Murder; One Count Armed Robbery)
State: Louisiana
Docket No: 95k1876.opn
Case Date: 01/14/1997
Plaintiff: 95-K - 1876 STATE OF LOUISIANA
Defendant: FLOYD CARMICHAEL FRANKLIN (Parish of Terrebonne) (Five Counts Attempted Second Degree Murder; One C
Preview: SUPREME COURT OF LOUISIANA
No. 95-K-1876
STATE OF LOUISIANA
Versus
FLOYD CARMICHAEL FRANKLIN
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FIRST CIRCUIT, PARISH OF TERREBONNE
LEMMON, Justice*
In this case involving convictions on five counts of attempted murder and one count of armed robbery, we granted certiorari primarily to consider whether defendant's motion to suppress the fruits of the crime seized in a warrantless search of his residence should have been granted. While both lower courts concluded that the evidence should not be suppressed, they did so for different reasons, the trial court on the basis of defendant's girlfriend's voluntary consent to the search and the court of appeal on the basis of the inevitable discovery exception to the exclusionary rule.
*Because of the vacancy created by the resignation of Dennis,
J., now a judge on the United States Court of Appeals for the Fifth
Circuit, there was no justice designated "not on panel" under Rule
IV, Part II,
Download 95k1876.opn.pdf
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