Duke v. State

MORRIS, Judge.

Laurence Alvin Duke petitions for a writ of certiorari to quash an order from the circuit court sitting in its appellate capacity. The circuit court order reversed a county court order granting Duke’s motion to suppress. Because we conclude that the circuit court departed from the essential requirements of the law by applying an incorrect standard of review, reweighing the evidence, and making its own credibility determination, we grant the petition.

I. The Traffic Stop and Motion to Suppress

In 2009, Duke was charged with driving under the influence. Duke filed a motion to…