Opinion
No. 2001-KK-2510
March 8, 2002.
IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. A, Nos. 00-156368; to the Court of Appeal, First Circuit, No. 2001 KW 0890
ON WRIT OF CERTIORARI TO THE FIRST CIRCUIT COURT OF APPEAL.
Granted with order. See per curiam.
JTK
CDK
JPV
CDT
JLW
CALOGERO, C.J., would grant and docket.
JOHNSON, J., would deny the writ.
Writ Granted. The district court found the testimony of the officer witnesses credible and that the defendant voluntarily consented to the search of his house. In these circumstances, a reviewing court owes that determination great deference and may not overturn it in the absence of manifest error. See, e.g., State v. Bourque, 622 So.2d 198, 222 (La. 1993) (a "trial judge's ruling [on a fact question], based on conclusions of credibility and weight of the testimony, is entitled to great deference. . . ."); Ambrose v. New Orleans Police Amb. Serv., 93-3099 pp. 7-9 (La. 7/5/95), 639 So.2d 216, 220-21 (reviewing court must affirm trial court's findings of fact "where the latter's judgment is not clearly wrong or manifestly erroneous."); cf. State v. Hampton, 98-0331, p. 12 (La. 4/23/99), 750 So.2d 867, 884 ("As a general rule, deferential standards of review apply to factual and other trial determinations, while determinations of law are subject to de novo review."). Accordingly, we reinstate the district court's order denying the defendant's motion to suppress.