State v. Hickerson

| tPLOTKIN, J.,

dissenting.

I would deny the writ. This Court held in State v. Hamilton, 2000-1176, p. 5-6 (La.App. 4 Cir. 9/13/00), 770 So.2d 413, 417-418, that the standard of review for a Motion to Suppress Evidence is:

On mixed questions of law and fact, the appellate court reviews the underlying facts on an abuse of discretion standard, but reviews conclusions to be drawn from those facts de novo. United States v. O’Keefe, 128 F.3d 885 (5 Cir.1997), cert, denied,523 U.S. 1078, 118 S.Ct. 1525,140 L.Ed.2d 676 (1998).

The trial judge in the instant case granted defendant’s motion to suppress…