Opinion
NO. 2018 KW 0448
05-29-2018
STATE OF LOUISIANA v. JAMES HILL
In Re: James Hill, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1603118. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT GRANTED. If the expert witness has not reduced his results to writing, or if the expert witness's written report does not contain the information required of an expert as provided in this Article, the state must produce for the defendant a written summary containing any information required to be produced pursuant to this Article but absent from a written report, if any, including the name of the expert witness, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor. See La. Code Crim. P. art. 719(A). See also State v. Rhodes, 29, 207 (La. App. 2d Cir. 1/22/97), 688 So.2d 628, writ denied, 97-0753 (La. 9/26/97), 701 So.2d 980. Accordingly, we find merit in counsel's contention that the lower court abused its discretion by ordering the defendant, who is indigent, to incur the expense of the production of a report that will be prepared by a treating physician who is the State's expert witness in this case. Therefore, the order instructing the defense to pay for the expert's report is reversed, and this matter is remanded for further proceedings in compliance with La. Code Crim. P. art. 719(A).
WRC
JMM
Whipple, C.J., dissents. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT