Supreme Court of Louisiana, 1984

State v. Pixley

State v. Pixley
Supreme Court of Louisiana · Decided February 27, 1984 · Lemmon
445 So. 2d 742; 1984 La. LEXIS 8398 (Southern Reporter, Second Series)

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

LEMMON, J.,

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.

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