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 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