Opinion
No. 97-KD-1748
July 2, 1997
IN RE: Chelette, Barry Keith; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Grant 35th Judicial District Court Number 96-037; to the Court of Appeal, Third Circuit, Number CW97-0883.
Writ granted. Rulings of the trial judge granting the motion to subpoena pursuant to La. Code Crim.P. art. 66 and denying motion to quash are reversed. It is ordered that the motion to quash the subpoena is granted. State v. Rachal, 361 So.2d 737 cert. denied, 440 U.S. 963, 99 S.Ct. 1508, 59 L.Ed.2d 777 (1979). See Wardius v. Oregon, 412 U.S. 470, 93 S.Ct. 2208, 37 L.Ed.2d 82 (1973).
WFM
PFC
HTL
CDK
JTK
VICTORY, J. not on panel.
TRAYLOR, J. would deny the writ.