State Of Louisiana VS Juan Umanzor-Martinez
Annotate this Case
Download PDF
STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT STATE OF 2013 N0 LOUISIANA KW 1694 VERSUS JUAN OMANZOR HUMBERTO NQ 2 1 fry LUI MARTINEZ In of State Re Louisiana Judiciai 19th writs East Baton Rouge No supervisory Parish Court of 0703 11 PETTIGREW McDONALD AND MeCLENDON JJ BEFORE WRIT for applying District IN GRANTED seeks statements PART AND from relief which DENIED were made deficient Miranda warnings Neither Miranda nor La To PART IN of exclusion the prior to the the extent it s defendant Trooper s Jefferson the writ application is granted Code Crim P art 1 215 prevents an officer from engaging a motorist in conversation while he is See State v investigating a routine traffic violation 2888 99 Cowan curiam Jefferson Berkemer trial find he s court inform ruling with be Accordingly defendant respect his state that used against this the after these Trooper defendant Miranda 104 See Ct S we 3138 reverse statement two per the and we occasions he did Miranda any rights Trooper statements the defendant him in cumulative non any made to on to the of Therefore However of beers purposes 420 440 S U 584 583 admitted three the failed to could 2d So initially 1984 defendant the 763 consumed 317 admissible Jefferson made had he custody for 468 McCarty 2d Ed L it time the v 82 3150 At that in not was 00 16 6 La a law that statements deficient of the court warnings were properly e excluded To the extent of exclusion seeks relief vacate the trial s court of the also these test results deficient Miranda warnings at We from the writ test results Breathalyzer granted The transcript of the motion hearing indicates that the trial court based its is application to suppress exclusion it the trial s court on Trooper the scene of exclusion of s Jefferson the traffic these results stop based that reasoning Those on warnings were irrelevant scene purposes of the admissibility of the Breathalyzer test results See La S R 661 32 Recognizing that the State concedes the inadmissibility of the test results as presumptive evidence of the defendant intoxication due to s the lack of a Spanish waiver of rights form we ianguage on for the remand this matter for the trial court to hold an evidentiary hearing on the admissibility of these results At this hearing the trial court should determine whether the Breathalyzer results are otherwise reliable If so the STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2013 KW 1694 PAGE trial court trial as should 3d So these evidence See State v intoxication 10 allow circumstantial 233 224 If not Shirley JTP JMM l FIRST CIRCUIT 1 DEPUTY CL FOR RK OF COURT THE COORT of the to be admissible s defendant 2106 2008 La at alleged 09 5 the results should be excluded PMc COURT OF APPEAL results 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
