Before: PRICE, J. JONES, SEXTON, JJ.
COURT OF APPEAL OF LOUISIANA, SECOND CIRCUIT
Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Hon. Robert T. Farr, Judge. 1983.LA.667
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE JONES
Frank and Irma Feeback apply for writs to review an order of the district court denying in part their "Motion to Release Seized Property and Evidence." We affirm.
This matter arises from the following events.
On March 29, 1980, law enforcement officers executed a search warrant on a residence in West Monroe, Louisiana. The residence was owned by a corporation controlled by Frank Feeback and leased to Irma Jean Wilhite, who later became Mrs. Frank Feeback. Numerous items, including those which are the subject of this motion, were seized in the search. Frank Feeback was eventually convicted of several drug offenses and imprisoned. See State v. Feeback, 414 So.2d 1229 (La. 1982).
Frank, Irma and their attorney filed this motion on September 9, 1982. The items sought to be released were a wallet, a pair of gloves, keys, a briefcase, five address books, a tear gas cannister, a "slapper", a radio scanner, a telephone answering machine, a tape recorder, a set of scales, two holsters and 14 firearms. Mrs. Feeback claimed the guns and holsters as her own. The remaining items were asserted to be Frank's and were to be released to Mrs. Feeback on his behalf.
The motion was tried on November 2, 1982. Irma was the only witness. She testified that she had acquired the firearms as investments. However, on cross examination she could not recall where or how she had acquired most of the guns and she was ...