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State v. Smith

SUPREME COURT OF LOUISIANA
Mar 13, 2017
212 So. 3d 1166 (La. 2017)

Opinion

No. 2017–KK–0021

03-13-2017

STATE of Louisiana v. Brian SMITH


PER CURIAM:

Writ granted in part. The district court abused its discretion in issuing the subpoena duces tecum for St. John the Baptist Parish Sheriff's Office (SJBPSO) materials because the narrowly defined criteria provided in State v. Marcelin , 10-2036 (La. 10/15/10), 46 So.3d 191 (per curiam), were not met. See also United States v. Bueno , 443 F.3d 1017, 1026 (8th Cir. 2006) ("[A] moving party must show, among other things, that the documents are evidentiary and relevant and that the application is made in good faith and is not intended as a general fishing expedition."). The subpoena duces tecum for SJBPSO materials is hereby quashed. In all other respects, the application is denied.

CRICHTON, J., additionally concurs and assigns reasons.

CRICHTON, J. additionally concurring with reasons:

I fully subscribe to this Court's grant of the State's writ but write separately to emphasize that defense counsel have yet to identify the materiality or relevancy of the requested documents. Such a fishing expedition is abusive and contravenes the purpose of compulsory process, which is to enable the parties to proceed to hearing or trial with competent, admissible evidence. Cf. Government of Virgin Island s v. Mills, 956 F.2d 443, 445 (3d Cir. 1992) ("The Compulsory Process clause protects the presentation of the defendant's case from unwarranted interference by the government, be it in the form of an unnecessary evidentiary rule, a prosecutor's misconduct, or an arbitrary ruling by the trial judge.") (emphasis added). Moreover, in my view, such abuse is a waste of the taxpayers' money and the judiciary's time and resources. The fact that this is a double capital murder case and of the utmost importance does not provide license for defense counsel to flagrantly disregard statutory and jurisprudential law.


Summaries of

State v. Smith

SUPREME COURT OF LOUISIANA
Mar 13, 2017
212 So. 3d 1166 (La. 2017)
Case details for

State v. Smith

Case Details

Full title:STATE OF LOUISIANA v. BRIAN SMITH

Court:SUPREME COURT OF LOUISIANA

Date published: Mar 13, 2017

Citations

212 So. 3d 1166 (La. 2017)

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In State v. Smith, 17-21 (La. 3/13/17), 212 So.3d 1166, the Louisiana Supreme Court granted the writ in…