State Of Louisiana v. Gregory Gooden - Criminal Procedure Ruling
Summary
The Louisiana Court of Appeal granted in part and denied in part a writ application in State of Louisiana v. Gregory Gooden. The court vacated rulings on motions to quash and remanded the case for a contradictory hearing regarding immunity from prosecution under La. R.S 14:403.10(B).
What changed
The Louisiana Court of Appeal, First Circuit, issued a ruling in the case of State of Louisiana v. Gregory Gooden (Docket No. 2025 KW 1067). The court granted in part and denied in part a writ application, vacating prior rulings on motions to quash filed in April and May 2025. The matter is remanded to the 21st Judicial District Court for a contradictory hearing concerning the relator's claim of immunity from prosecution pursuant to La. R.S 14:403.10(B). The court found that the district court erred by not holding such a hearing, as all issues arising on a motion to quash are to be tried by the court without a jury, and motions to quash are mechanisms for raising pre-trial pleas of defense.
This ruling requires the district court to conduct a specific hearing on the immunity claim. Legal professionals representing parties in similar criminal proceedings should note the importance of contradictory hearings for pre-trial defenses, particularly those involving statutory immunity. The case is remanded for further proceedings consistent with this ruling, and all other aspects of the writ application were denied.
What to do next
- Remand to district court for a contradictory hearing on immunity claim.
- Ensure all pre-trial pleas of defense are properly heard.
Source document (simplified)
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March 23, 2026 Get Citation Alerts Download PDF Add Note
State Of Louisiana v. Gregory Gooden
Louisiana Court of Appeal
- Citations: None known
- Docket Number: 2025 KW 1067
Precedential Status: Unknown Status
Combined Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISTANA NO. 2025 KW 1067
VERSUS
GREGORY D. GOODEN, II MARCH 23, 2026
In Re: Gregory D. Gooden, II, applying for supervisory writs,
21st Judicial District Court, Parish of Tangipahoa, No.
2500629,
BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. All issues, whether
of law or fact, that arise on a motion to quash, shall be tried by
the court without a jury. La. Code Crim. P. art. 537. The motion
to quash is essentially a mechanism by which to raise pre-trial
pleas of defense, i.e., those matters which do not go to the merits
of the charge. La. Code Crim. P. arts. 531-534. The district
court erred by not holding a contradictory hearing on relator’s
claim that he was entitled to immunity from prosecution pursuant
to La. R.S 14:403.10(B). Accordingly, the rulings on the motions
to quash filed in April 2025 and May 2025 are vacated and this
matter is remanded for a contradictory hearing with the State. In
all other respects, the writ application is denied.
PMc
HG
TPS
CQURT OF APPEAL, FIRST CIRCUIT
wee CLERK OF COURT
FOR THE COURT
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