Opinion
No. 58121.
June 3, 1976.
IN RE: NICHOLAS E. BAUDEAN APPLYING FOR STAY ORDER.
Writ granted in part; denied in part.
The witness Parks should be made available to the defense for interview under court supervision. State v. Lovett, 329 So.2d 753 (La. 1976). In all other respects, the writ is denied as relator is not entitled to the relief sought.
Summers, J., dissents from the granting of this writ. I would not disturb the orderly proceedings in the trial court in the absence of palpable error or irreparable damage to the applicant. Neither are present here. Applicant has an adequate remedy by appeal in the event of conviction.
TATE, DIXON and CALOGERO, JJ., concur in the denial as to items 1 and 2. The defendant is not now entitled to pretrial discovery of these items. However, the defendant will be denied due process and confrontation rights if, no later than the conclusion of Parks' testimony, the State does not furnish this information to the defendant (to the extent it is known by the State), for his use in cross-examination of this state witness. See Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347; Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104, and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215.