Opinion
NO. 2015 KW 1535
12-08-2015
STATE OF LOUISIANA v. MICHAEL ROBERTSON
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 07-12-0625. BEFORE: PETTIGREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. We reverse the trial court's ruling granting the subpoena duces tecum. The defendant has failed to establish the "need" for all of the documents requested. Moss v. State, 2005-1963 (La. 4/4/06), 925 So.2d 1185, 1199-1200. To the extent that such a showing can be made, an in-camera inspection of the records is minimally necessary to ensure that such sensitive records include only what is determined to be necessary to develop defendant's defense. See State v. Harper, 2010-356 (La. 11/30/10), 53 So.3d 1263, 1270. Thus, we remand for further proceedings. The writ application is otherwise denied.
WJC
JTP
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT