156 So. 3d 705
La. Ct. App.2014Background
- Kyle Everett appeals convictions for attempted possession with intent to distribute marijuana and attempted possession of Alprazolam.
- Amended bill substituted Alprazolam for Diazepam; Everett pled not guilty and motions to suppress were denied.
- Trial evidence showed Everett on a street with two pills (Xanax) and, after a pat-down, bags of marijuana fell from his pants.
- Pills tested positive for Alprazolam; marijuana tested positive at station; quantity suggested non-personal use.
- A later multiple bill and sentencing proceedings resulted in concurrent ten-year and one-year hard labor sentences; new-trial-related motions were denied.
- This appeal challenges the denial of suppression and the denial of new-trial relief; conviction and sentence affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and subsequent search were lawful. | Everett argues lack of reasonable suspicion. | Everett contends stop/search were illegal. | No error; stop justified by safety and traffic-law violations; search valid. |
| Whether the trial court erred in denying a new trial based on newly discovered evidence. | State convictions of officers not admissible; could affect credibility. | New evidence of officer misconduct warrants new trial. | No abuse of discretion; officers’ convictions occurred after trial; no new substantial evidence. |
Key Cases Cited
- State v. Dorsey, 779 So.2d 1008 (La.App. 4 Cir. 2001) (review of suppression findings deferential; ultimate reasonableness de novo)
- State v. Wells, 45 So.3d 577 (La.2010) (great deference to trial court on suppression rulings)
- State v. Thompson, 93 So.3d 553 (La.2012) (weight given to trial findings on credibility during suppression review)
- State v. Chaplain, 114 So.3d 1274 (La.App. 4 Cir. 2013) (Art. 215.1 reasonable suspicion standard applied)
- State v. Guillory, 45 So.3d 612 (La.App. 4 Cir. 2010) (great discretion in new-trial rulings; standard of review clarified)
- State v. Marzett, 123 So.3d 831 (La.App. 4 Cir. 2013) (art. 851(5) abuse of discretion considerations in new-trial rulings)
- State v. Cavalier, 701 So.2d 949 (La.1980) (newly discovered evidence generally not impeachment; but discretion to grant new trial for dispositive credibility issues)