State of Louisiana v. Stephen Sullivan

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION
Lawrence Charles Billeaud
Attorney at Law
706 W. University Avenue
Lafayette LA 70506
Judgment on rehearing rendered and
mailed to all parties or counsel of
record on April 24, 2019

REHEARING ACTION: April 24, 2019

Docket Number: 18 00789-KW

STATE OF LOUISIANA
VERSUS
STEPHEN SULLIVAN

Writ Application from Lafayette Parish Case No. MD 166028

BEFORE JUDGES:

Hon. John E. Conery
Hon. Van H. Kyzar
Hon. Jonathan W. Perry

As counsel of record in the captioned case, you are hereby notified that the ruling on the

application for rehearing or rehearing en banc filed by Stephen Sullivan is:

REHEARING GRANTED; WRIT DENIED: The State seeks review of
the trial court’s September 12, 2018 grant of Defendant’s motion to
suppress. The trial court made a credibility determination the police
officers were not shown the location of the evidence seized nor were
they given consent to search Defendant’s home. As noted in State v.
Hunt, 09-1589 (La. 12/1/09), 25 So.3d 746, this court will not overturn
a trial court’s credibility determination unless the ruling is unsupported
by the record. Accordingly, the State’s writ application is denied.

KYZAR, J., would deny the rehearing.

cc: Hon. Keith A. Stutes, Counsel for the Applicant
Ronald E. Dauterive, Counsel for the Applicant