State Of Louisiana v. Michael Yates

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1251

VERSUS

MICHAEL LANE YATES DECEMBER 30, 2021

In Re: Michael Lane Yates, applying for supervisory writs,

21st Judicial District Court, Parish of Livingston,
No. 41091.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT DENIED.

VGW
AHP

Hester, J., dissents and would grant the writ application.

Louisiana Revised Statutes 14: 403. 10( A) provides immunity from
prosecution to a person acting in good faith who seeks medical

assistance for an individual experiencing a drug- related
overdose for possession of a controlled dangerous substance

under the Uniform Controlled Dangerous Substances Law if the
evidence for possession of a controlled dangerous substance was

obtained as a result of the persons seeking medical assistance

and the person seeking medical assistance did not illegally
provide or administer the controlled dangerous substance to the
individual experiencing the drug- related overdose. The drugs
seized from the defendant were obtained as a result of the
defendant seeking medical assistance for an individual
experiencing a drug- related overdose, and there was no evidence

presented at the motion to quash hearing that the defendant
provided the controlled dangerous substance to the individual

experiencing the
drug- related overdose. Therefore, I find the

trial court erred by denying the motion to quash.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE K OF COURT
FOR THE COURT