Supreme Court of Louisiana, 2002

State v. Morrell

State v. Morrell
Supreme Court of Louisiana · Decided July 3, 2002 · Grant, Traylor, Victory, Weimer, Writ
819 So. 2d 1028; 2002 La. LEXIS 2282; 2002 WL 1610040 (Southern Reporter, Second Series)

State v. Morrell

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, Nos. 426-807, 426-788; to the Court of Appeal, Fourth Circuit, No. 2002-K-1167.

Denied.

VICTORY, J., would grant the writ. TRAYLOR, J., would grant the writ.

Concurring Opinion

WEIMER, J.,

would grant a stay and consider the merits of the application in due course, believing that the trial court made a credibility determination with respect to the officers’ testimony that the defendant was speeding. The defendant’s conduct in exceeding the speed limit justified the stop, and the ensuing seizure of the contraband was justified because the marijuana smell emanating from the vehicle justified the further search.

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