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Date: 08-15-2022
Case Style:
Case Number: 2022-c-0548
Judge: Paula A. Brown
Court: Louisiana Court of Appeals, Forth Circuit (Orleans Parish)
Plaintiff's Attorney: Orleans Parish Louisiana District Attorney's Office
Defendant's Attorney:
Description: New Orleans, Louisiana criminal law lawyer represented Defendant charged with illegal possession of a firearm.
On April 18, 2022, the State filed a delinquency petition in the Juvenile Court for the Parish of Orleans, charging B.J. with one count of illegal possession of a handgun by a juvenile pursuant to La. R.S. 14:95.8.[2] On April 20, 2022, B.J. entered a denial to the charge. On June 27, 2022, B.J. filed a motion to suppress alleging that the arresting officer initiated an unconstitutional pursuit and search against him without reasonable articulable suspicion that he had committed a crime. On June 30, 2022, the juvenile court summarily granted the motion to suppress. Before the commencement of the adjudication hearing, on July 13, 2022, the State objected to the juvenile court's decision to grant the motion to suppress without holding an evidentiary hearing. The juvenile court, conceding that the State's argument had merit, granted a stay of the proceedings to allow the State to seek supervisory review. This timely writ application followed.
Outcome: For the foregoing reasons, we grant the State's writ application, reverse the juvenile court's judgment and remand the matter for further proceedings consistent with this writ opinion.
Plaintiff's Experts:
Defendant's Experts:
Comments: