Opinion
No. 2020-KK-0477
10-14-2020
STATE OF LOUISIANA v. BENSON O'BRIEN, III
IN RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ, Parish of St. Tammany, 22nd Judicial District Court Number(s) 521288, Court of Appeal, First Circuit, Number(s) 2020 KW 0074; Writ application granted. See per curiam.
JDH
BJJ
JLW
JTG
WJC
JHB
Crichton, J., concurs and assigns reasons. Supreme Court of Louisiana
October 14, 2020 /s/_________
Clerk of Court
For the Court ON SUPERVISORY WRIT TO THE 22ND JUDICIAL DISTRICT COURT FOR THE PARISH OF ST. TAMMANY PER CURIAM.
Writ granted. Information concerning the competency and mental status of a defendant is not a confidential communication under LSA-C.E. art. 506(B) because it was not disclosed in furtherance of obtaining legal services, and the exclusion of such information would not advance the policy sought to be furthered by the attorney-client privilege because the information does not relate to the client's reason for seeking representation. See LSA-C.E. arts. 506 and 507; See also State v. Gage, 10-0237 (La. App. 1 Cir. 10/29/10), (unpublished), 2010 WL 4273080, writ denied, 10-2666 (La. 4/25/11), 62 So.3d 86. The State's writ application is granted. The ruling denying the State's motion to subpoena the defendant's previous attorney to testify regarding defendant's competency at the time the guilty plea was entered is reversed, the motion is granted, and this matter is remanded to the district court for further proceedings.