State Of Louisiana VS Kenneth Courtney
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT STATE 2013 N0 LOUISIANA OF KW 1671 VERSUS KENNETH In Qy COURTNEY 2Q Kenneth Courtney applying for supervisory writs 20th Judicial District Court Parish of East Feliciana No Re 140 CR 13 BEFORE PETTIGREW McDONALD AND WELCH WRIT DENIED introduced of None THE ON into SHOWING evidence at exhibits those were the JJ Six MADE motion made to part exhibits suppress of were hearing writ s relator application Accordingly the incomplete record precludes us from determining the correctness ve1 non of the trial court s denial of the motion to suppress See City of Baton Rouge v 433 Plain Ct S 246 2d So 710 La 78 L 235 2d Ed cert denied 464 S U 104 896 1983 JTP 7MM in concurs dissents Welch J part agree with the trial court ruling insofar s in While part I as Miranda warnings not being required because relator had not been in custody when I dissent and would have questioned about his alcohol use granted motion the certification of the to suppress Intoxilyzer 5000 based The on State the had improper the burden of The proving the Intoxilyzer 5000 was properly certified testimony at the motion to suppress hearing established the Intoxilyzer 5000 had been certified more than a year ago Pursuant to La Administrative Code Title 55 part the Intoxilyzer is to be recertified every four months COURT OF APPEAL FIRST CIRCUIT V E DEPUTY FOR CL RK THE OF COORT COURT I 507
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