State v. Pixley
State v. Pixley
Opinion of the Court
In re: Charles W. Pixley, applying for Writs of Certiorari, Review, Prohibition, Mandamus and for Stay Order, from Lafayette City Court, Number DT-83-00087, Parish of Lafayette; Third Circuit Court of Appeal, Number K83-833.
Denied.
Concurring Opinion
concurs and assigns reasons. It is doubtful that the burden of proof, the binding nature of the ruling, and the other provisions of La.C.Cr.P. Art. 703 apply to a pretrial hearing on the admissibility of chemical tests for alcohol. (The trial judge has discretion to conduct such a hearing when good cause is shown.) Moreover, the trial court was wrong in denying defendant the right to cross-examine the trooper who conducted the test. Nevertheless, the hearing that was conducted established the validity of the test.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.