Opinion

State v. Benoit

  • 570 So. 2d 490
  • 1990 La. App. LEXIS 2645
  • 1990 WL 180760
Court
Louisiana Court of Appeal
Filed
Nov 14, 1990
Status
Published
Author
Wicker
On the bench
Bowes, Gothard, Kliebert, Wicker
Cited by
1 cases

Distinguished

  • Distinguished by State v. Ruiz, 630 So. 2d 897 (1993)

    We find that Benoit is distinguishable from and not applicable to the instant case.
    Louisiana Court of AppealDec 30, 1993Read it

The opinion

WICKER, Judge,

concurring in part:

I agree with the majority’s position that. the trial court properly denied defendant’s motion to suppress statements. However, I respectfully concur in part with the majority’s discussion relative to the motion to suppress blood analysis results.

I am very mindful of the gravity of the tragic occurrence which formed the basis for the prosecution in this case since two young children died. For this reason I reluctantly concur with the majority opinion but feel compelled to follow the guidelines enunciated by the Louisiana Supreme Court in State v. Rowell, infra at 800.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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