Opinion
NO. 2014 KW 1390
01-12-2015
STATE OF LOUISIANA v. LARRY LEFLORE
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 10-13-0504.
BEFORE: GUIDRY, THERIOT, AND DRAKE, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The state's writ application is granted in part in order to clarify the trial court's ruling, which is only applicable to exculpatory evidence. The discovery or inspection of reports, memoranda, or other internal state documents made by the district attorney or by agents of the state in connection with the investigation or prosecution of a case or of statements made by witnesses or prospective witnesses, other than the defendant to the district attorney or to agents of the state, is not authorized unless such evidence is favorable to the defendant, and material and relevant to the issue of guilt or punishment, intended for use by the state as evidence at trial, or were obtained from or belong to the defendant. See La. Code Crim. P. arts. 718 & 723 (prior to their amendment by 2013 La. Acts No. 250). Exculpatory information and impeachment evidence are constitutionally required to be disclosed. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). See also United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3375, 3380, 87 L.Ed.2d 481 (1985). Accordingly, the state is only required to produce copies of its reports, memoranda, or other internal state documents if they meet the requirements set forth in Articles 718 and 723 and/or contain exculpatory or impeachment material as provided by Brady and Bagley. In all other respects, the state's writ is denied.
JMG
MRT
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT