Opinion
24-K-373
08-19-2024
STATE OF LOUISIANA v. ROBERTO LOPEZ IN RE ROBERTO LOPEZ
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 21-5762
Panel composed of Judges Marc E. Johnson, Scott U.Schlegel, and Timothy S. Marcel
WRIT DENIED.
Relator, Roberto Lopez, seeks review of the trial court's August 1, 2024 denial of his motion in limine to exclude expert testimony. In his motion, Relator sought to exclude the testimony of Dr. Anne Troy as an expert in "Child Maltreatment," alleging the State failed to provide an adequate expert notice under La. C.Cr.P. art. 719. He argued that the State's notice of Dr. Troy's expert testimony does not contain a detailed summary or a report as to her opinion regarding the alleged victim and abuse, or a report of her conclusions for child sexual abuse and delayed disclosure. Relator contends that the lack of a detailed summary prevents his defense from adequately preparing to challenge Dr. Troy's testimony.
In its oral reasons for denial of Relator's motion in limine, the trial court found that the State was not required to disclose Dr. Troy's report to the defense because she has not authored a written report. It further found that the State sufficiently complied with La. C.Cr.P. art. 719 by providing a summary of the information Dr. Troy will testify to at trial.
Here, a review of the writ application shows that Dr. Troy neither conducted any physical or mental examinations nor any scientific tests or experiments in this matter, and the State will call Dr. Troy with respect to her knowledge regarding child sexual abuse and delayed disclosure. The report by Relator does not exist. However, as noted by the trial court, a summary of the information Dr. Troy will testify to at trial was provided to the defense. After consideration, we cannot find that the trial court erred in its denial of Relator's motion.
Accordingly, the writ application is denied. Furthermore, Relator's request for stay is denied.
MEJ
SUS
TSM