Supreme Court of Louisiana, 1994

State ex rel. A.N.V. v. McCain

Supreme Court of Louisiana · Decided September 30, 1994 · Calogero, Dennis, Deny, Docket, Grant, Writ

643 So. 2d 137; 1994 La. LEXIS 2288; 1994 WL 539350 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State Department of Social Services Office of Family Support ex rel. Johnson v. White (La. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.*

Writ Granted. We conclude that the defendant’s failure to object to the blood testing when it was ordered by the trial court amounted to a voluntary submission to the test and a waiver of the right to object to the admissibility of the results for lack of a contradictory hearing.

Because the defendant failed to raise a timely objection to the testing in this case, we need not address the issue of whether LSA-R.S. 9:396(B) requires a contradictory hearing prior to the issuance of an order for blood testing.

Accordingly, the judgment of the court of appeal, insofar as it relates to suppression of the test results, is reversed, and this matter is remanded to the trial court for further proceedings consistent with this opinion.

CALOGERO, C.J., would grant and docket. DENNIS, J., would deny the writ.

Williams, J. Pro Tempore, recused; not on panel. Rule XV, Part 2, Sec. 3.

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