APPLICATION FOR WRITS EXPEDITED CONSIDERATION DIRECTED TO
CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 544-339, SECTION
"J" HONORABLE DARRYL A. DERBIGNY, JUDGE.
CANNIZZARO DISTRICT ATTORNEY DONNA ANDRIEU SCOTT G. VINCENT
ASSISTANT DISTRICT ATTORNEYS COUNSEL FOR RELATOR/STATE OF
HOEFFGEN ORLEANS PUBLIC DEFENDERS COUNSEL FOR
composed of Chief Judge James F. McKay, III, Judge Paula A.
Brown, Judge Dale N. Atkins)
N. Atkins Judge.
the State of Louisiana, seeks expedited review of the trial
court's May 10, 2019 ruling, which partially granted a
motion to suppress filed by Defendant, Corey Stevenson, and
found no probable cause to substantiate the charge of
possession of a firearm by a convicted felon. We grant the
writ and reverse the trial court's ruling.
January 31, 2019, Defendant, Corey Stevenson, was charged by
bill of information with possession of a firearm by a
convicted felon and distribution of marijuana in an amount
less than 2.5 pounds, in violation of La. R.S. 14:95.1 and
La. R.S. 40:966(B)(2(A), respectively.
appeared for arraignment on February 4, 2019, and entered a
plea of not guilty. Thereafter, Defendant filed several
pre-trial motions, including a motion to suppress the
evidence and a motion for preliminary examination. The matter
came before the trial court on April 8, 2019. After hearing
testimony from Detective Rayvon Souffrant and arguments from
counsel, the trial court permitted Defendant to brief his
arguments and reset the matter for a ruling on the motion.
10, 2019, the trial court granted the motion to suppress
evidence in part and denied the motion in part. The trial
court granted the motion as to the handgun recovered during
the search of Defendant's backpack, but denied it as to
the marijuana recovered during the search of Defendant's
momentary companion, Willie Wallace. The trial court
thereafter found insufficient probable cause to support the
charge of possession of a firearm by a convicted felon
against Defendant and sufficient probable cause to support
the distribution of marijuana charge.
State objected to the trial court's ruling as to the
partial granting of the motion to suppress evidence and the
finding of insufficient probable cause for the firearm charge
and noticed its intent to seek supervisory review. The State
also moved for a stay of the proceedings pending a resolution
of its writ application, which the trial court denied.
State filed a writ application with this Court on July 22,
2019, seeking expedited consideration. The same date,
this Court ordered that the trial court file a per
curiam and that Defendant file a response to the
State's writ application by 12:00 p.m., Wednesday, July
24, 2019. On July 24, 2019, this Court received both the
per curiam and Defendant's opposition to the
is currently set on August 5, 2019.