Opinion
No. 2000-KP-0689.
October 27, 2000.
IN RE: State of Louisiana; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, Nos. 275-617; to the Court of Appeal, Fourth Circuit, No. 2000-K-0158
Writ granted. Because relator cannot prevail on his merits claims, see, e.g., State v. Deloche, 96-1901, p. 1 (La. 11/22/96), 684 So.2d 349, and because the district attorney is not the custodian of the requested documents, R.S. 44:31 (A) (3), the district court's ruling denying the state's motion to quash Woodcock's subpoena duces tecurn is reversed. Cf. State ex rel. Bernard v. Cr.D.C., 94-2247, p. 1 (La. 4/28/95), 653 So.2d 1174, 1175 (custodian need only supply documents free of charge if application "requir[es] the requested documentation for support.")
CDK
PFC
HTL
JPV
CDT
JTK
JOHNSON, J., would deny the writ.