State v. Spell

State v. Spell, 388 So. 2d 754 (La. 1980)

Court: Supreme Court of Louisiana · State Highest Courts
Decided: September 3, 1980
Docket: No. 67058
Judges: Calogero
Citations: 388 So. 2d 754

Cited by 5

Opinion

388 So.2d 754 (1980)

STATE of Louisiana

Thomas Rhuel SPELL.

No. 67058.

Supreme Court of Louisiana.

September 3, 1980.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Nathan Stansbury, Dist. Atty., Jck Derrick Muller, Asst. Dist. Atty., for plaintiff-appellee.

Nolan Edwards, Larry Dupuis, Edwards, Stefanski & Barousse, Crowley, for defendant-appellant.

CALOGERO, Justice.

Thomas Rhuel Spell was charged by grand jury indictment with the crime of second degree murder, in violation of R.S. 14:30.1. After a second trial by jury, defendant was found guilty as charged and sentenced to life imprisonment without eligibility for parole for forty years. [*] On *755 defendant's motion the trial judge ordered an appeal. Defendant timely filed in the trial court, pursuant to C.Cr.P. art. 851(3), a motion for new trial based on allegations of new and material evidence that, notwithstanding the exercise of reasonable diligence by defendant, was not discovered before or during the trial, which evidence, if available, allegedly would probably have changed the verdict of guilty.

Under C.Cr.P. art. 916, the jurisdiction of the trial court is divested and that of the appellate court attaches upon the entering of the order of appeal and thereafter the trial court has no jurisdiction over the matter except for certain listed actions not applicable here. Thus pursuant to C.Cr.P. art. 853, defendant has filed with this Court a motion to remand his case to the trial court for a hearing on his motion for a new trial. The motion for the remand has not been opposed by the state.

Therefore, in accordance with the above provisions, we remand the case to the trial court for a hearing on defendant's motion for a new trial. State v. Shannon, 360 So.2d 193 (La.1978); State v. Perry, 351 So.2d 1201 (La.1977); and State v. Bradford, 275 So.2d 407 (La.1973).

Decree

It is ordered that the case be remanded to the trial court for a hearing on defendant's motion for a new trial.

REMANDED.

NOTES

[*] Defendant was originally convicted following a bench trial, but upon defendant's motion, the trial court granted defendant a new trial.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

State v. Spell399 So. 2d 551 (La. 1981)
Monroe v. Blackburn, Warden476 U.S. 1145 (1986)
State v. Vampran491 So. 2d 1356 (La. Ct. App. 1986)
State v. Armstead144 So. 3d 66 (La. Ct. App. 2014)
State v. Rodosta438 So. 2d 1165 (La. Ct. App. 1983)

Most recent

State v. Armstead144 So. 3d 66 (La. Ct. App. 2014)
State v. Vampran491 So. 2d 1356 (La. Ct. App. 1986)
Monroe v. Blackburn, Warden476 U.S. 1145 (1986)
State v. Rodosta438 So. 2d 1165 (La. Ct. App. 1983)
State v. Spell399 So. 2d 551 (La. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	State v. Shannon, 360 So. 2d 193 (La. 1978)	8
	State v. Bradford, 275 So. 2d 407 (La. 1973)	3
	State v. Perry, 351 So. 2d 1201 (La. 1977)	3

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