08 April 2008

state supremes finally rule in amanda gutweiler hypes case

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STATE OF LOUISIANA v. AMANDA GUTWEILER AKA AMANDA HYPES (Parish of Rapides) (First Degree Murder - Three Counts)

For the foregoing reasons, the judgment of the court of appeal is affirmed in part and reversed in part. The decision is affirmed insofar as it holds the indictment was properly quashed for the State's violation of grand jury secrecy by the release of a witness's grand jury transcript to its arson expert witness; the ruling prohibiting Dr. John DeHaan and Det. Bobby Sandoval from testifying in any future grand jury proceedings or prosecution of the defendant is reversed. This case is remanded to the district court for further proceedings consistent with the views expressed in this opinion.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
JOHNSON, J., concurs in part, dissents in part and will assign reasons.
VICTORY, J., concurs in part and dissents in part and assigns reasons.
TRAYLOR, J., concurs in part and dissents in part for reasons assigned
by Victory, J.

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Posted by wst... at 15:10

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