State ex rel. A.N.V. v. McCain

Supreme Court of Louisiana

State ex rel. A.N.V. v. McCain

643 So. 2d 137, 1994 La. LEXIS 2288, 1994 WL 539350

CourtSupreme Court of Louisiana

DecidedSeptember 30, 1994

DocketNo. 94-KK-1453

StatusPublished

Cited by1 cases

This text of 643 So. 2d 137 (State ex rel. A.N.V. v. McCain) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. A.N.V. v. McCain, 643 So. 2d 137, 1994 La. LEXIS 2288, 1994 WL 539350 (La. 1994).

Pincite

Opinion

PER CURIAM.

*

Writ Granted. We conclude that the defendant’s failure to object to the blood testing when it was ordered by the trial court amounted to a voluntary submission to the test and a waiver of the right to object to the admissibility of the results for lack of a contradictory hearing.

Because the defendant failed to raise a timely objection to the testing in this case, we need not address the issue of whether LSA-R.S. 9:396(B) requires a contradictory hearing prior to the issuance of an order for blood testing.

Accordingly, the judgment of the court of appeal, insofar as it relates to suppression of the test results, is reversed, and this matter is remanded to the trial court for further proceedings consistent with this opinion.

CALOGERO, C.J., would grant and docket. DENNIS, J., would deny the writ.

Williams, J. Pro Tempore, recused; not on panel. Rule XV, Part 2, Sec. 3.

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