Opinion
NO. 2015 KW 1147
10-08-2015
STATE OF LOUISIANA v. RAMSEY McCLENDON
In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1400976. BEFORE: WHIPPLE, C.J., WELCH AND DRAKE, JJ.
WRIT GRANTED. The writ application is granted, the trial court's ruling granting the defendant's request to issue subpoenas duces tecum to the Department of Children and Family Services and the Child Advocacy Center is vacated, and the matter is remanded to the district court for the sole purpose of ordering the court to reopen the March 18, 2015 hearing on the issuance of the subpoenas duces tecum. At the hearing, the legal representatives of the Department of Children and Family Services and the Child Advocacy Center are to be afforded an opportunity to state any objections they may have to the issuance of the subpoenas pursuant to La. Code. Crim. P. art. 732. See State v. Boudreaux, 2013-2732 (La. 1/17/14), 132 So.3d 381, 382 (per curiam). Furthermore, the prosecutor has standing to assert an objection to the subpoena requesting the victim's records. Id.
VGW
JEW
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT