Opinion
No. 99-KH-0497
July 2, 1999
IN RE: Magee, James R.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Rapides 9th Judicial District Court Div. "B" Number 209,585; to the Court of Appeal, Third Circuit, Number KW98-0845
Writ granted in part; otherwise denied; case remanded to the court of appeal. The court of appeal is directed to give merits consideration to relator's claim that the state withheld material exculpatory evidence in violation of the rule of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and progeny. See La.C.Cr.P. art. 930.8 (A)(1); Carlin v. Cain, 97-2390 (La. 3/13/98), 706 So.2d 968; State ex rel Cormier v. State, 98-2111 (La. 12/18/98), 731 So.2d 274. In all other respects the application is denied.
JTK
PFC
WFM
HTL
CDK
JPV
CDT
JOHNSON, J. not on panel.