State v. Smith

Supreme Court of Louisiana

Decided June 17, 2004

Supreme Court of Louisiana · decided 2004-06-17

Cited by 2 later decisions — most recently February 2007

2 state decisions

Relies on 725 So. 2d 1282 - State v. Hill

Good law ✅— No negative treatment on recordhow we know

Decided 2004-06-17

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¶1In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 445-655; to the Court of Appeal, Fourth Circuit, No. 2004-K-0811.

¶2Granted. The lower court’s judgments suppressing the physical evidence found incident to the defendant’s arrest are vacated. See State v. Hill 1997-2551 (La.11/6/98), 725 So.2d 1282.

CALOGERO, C.J.,

¶3would grant and docket for oral argument to .determine if this case is distinguishable from State v. Hill, 97-2551 (La.11/6/98), 725 So.2d 1282, especially in light of the deference that should be given to this trial judge and the court of appeal panel.

JOHNSON, J., would deny the writ.KNOLL, J., would deny the writ.