Supreme Court of Louisiana, 2004

State v. Ivory

State v. Ivory
Supreme Court of Louisiana · Decided October 29, 2004 · Calogero, Grant, Johnson, Writ
885 So. 2d 580; 2004 La. LEXIS 3204; 2004 WL 2620259 (Southern Reporter, Second Series)

State v. Ivory

Opinion of the Court

In re Ivory, John; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. B, No. 03-5109; to the Court of Appeal, Fifth Circuit, No. 04-K-37.

Denied.

Concurring Opinion

CALOGERO, C.J.,

concurs. Because the motion to suppress was submitted solely on the police report, the defendant, should he be convicted, may re-raise the issue on appeal where it can be considered with the benefit of a complete trial record. See State v. Green, 94-0887 (La.5/22/95), 655 So.2d 272.

JOHNSON, J., would grant the writ.

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