Opinion
NO. 2016 KW 1007
09-06-2016
STATE OF LOUISIANA v. MORGAN HUTCHINSON
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04-15-0574. BEFORE: PETTIGREW, McDONALD, AND DRAKE, JJ.
WRIT DENIED. The district court did not err in making a credibility determination as to the troopers' testimony and determining that there was no probable cause to believe that the defendant was driving while intoxicated.
JTP
EGD
McDonald, J. dissents and would grant the writ. The district court erred in finding that there was no probable cause to believe that the defendant was driving while intoxicated. As correctly noted by the State in its writ application, the motion to suppress did not assert the ground that the field sobriety test results provided insufficient probable cause to arrest the defendant. Therefore, the district court erred in suppressing the evidence on an issue not specifically raised in the defendant's written motion to suppress. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT