Opinion
NO. 2013 KW 1302
08-19-2013
STATE OF LOUISIANA v. MICHAEL ROBERTSON
In Re: Michael Robertson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 07-12-0625.
BEFORE: WHIPPLE, C.J., WELCH AND GRAIN, JJ.
WRIT DENIED IN PART AND GRANTED IN PART. The statutory authority for discovery of the rap sheets of state witnesses is La. Code Crim. P. art. 717. Accordingly, the court did not err when it determined defendant is obligated to comply with article .725.1. We do find error in the court's application of article 725.1 to witnesses defendant intends to call for a pretrial Prieur hearing unless he also intends to call them at trial. "Case in chief" refers to evidence presented at trial, and a "trial" is that proceeding where the guilt or innocence of the accused is determined. See La. Code Crim. P. arts. 761, 765 & 934(12). See also La. Code Crim. P. art. 934, comment (1); Black's Law Dictionary (2d ed. 2009). Accordingly, the trial court's order relative to article 725.1 is amended to apply only to those witnesses defendant intends to call at trial. In ail other respects the writ application is denied. We note Act 250 of 2013 amended the discovery articles. The amendments go into effect for cases billed or indicted on or after January 1, 2014 and are not applicable in this case as there is no indication the district attorney and defendant stipulated in writing for the 2013 amendments to apply. See 2013 La. Acts No. 250, § 2.
VGW
JEW
WJC
COURT OF APPEAL, FIRST CIRCUIT _______________________
DEPUTY CLERK OF COURT
FOR THE COURT