State Of Louisiana v. Justin Zeringue

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1332

VERSUS

JUSTIN ZERINGUE
OEC 0 6 2019

In Re: State Of Louisiana, applying for supervisory writs,

17th Judicial District Court, Parish of Lafourche,
Nos. 583448, 583449.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. When reviewing a trial court' s a
ruling on
motion to suppress based on findings of fact, great weight is
placed on the trial court' s determination because the court has
the opportunity to observe the witnesses and weigh the
credibility of their testimony. See State v. Green, 94- 0887
La. 5/ 22/ 95), 655 So. 2d 272, 281; State v. Peterson, 2003- 1806
La. App. 1st Cir. 12/ 31/ 03), 868 So. 2d 786, 792, writ denied,
2004- 0317 ( La. 9/ 3/ 04), 882 So. 2d 606. Appellate courts will
not set a
credibility determination aside unless it is clearly
contrary to the evidence.

JEW

GH

McClendon, J., dissents and would grant the writ. In this
case, based on the totality of the circumstances, I find there
was a " substantial basis" for concluding that probable cause
existed. Illinois v. Gates, 462 U. S. 213, 103 S. Ct. 2317, 76
L. Ed. 2d 527 ( 1983); State v. Green, 2002- 1022 ( La. 12/ 4/ 02), 831
So. 2d 962, 969; State v. Washington, 2010- 1807 ( La. 1st
App.
Cir. 5/ 6/ 11), 2011 WL 2616850, 11. "[
at * A] fter- the- fact
scrutiny by courts of the sufficiency of an affidavit should not
take the form of de novo review." Gates, 462 U. S. at 236, 103
S . Ct . at 2331. Accordingly, I would find merit in the State' s
contention that the lower court erred in granting the motion to
suppress.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT