Opinion
No. 98-KP-1918
December 11, 1998
IN RE: Payne, Richard; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of St. Bernard 34th Judicial District Court Div. "C" Number 137-522; to the Court of Appeal, Fourth Circuit, Number 98KW-1198
Writ granted in part; otherwise denied; case remanded. The district court is ordered to hold a hearing to determine whether the district attorney prevented witness Sandra Brouillette from testifying at relator's trial, and if so, whether the district attorney's action deprived relator of relevant and material testimony in derogation of his right to present a defense and to due process under the Sixth and Fourteenth Amendments and La. Const. art. I, Section 16. Washington v. Texas, 388 U.S. 14, 22-23, 87 S.Ct. 1920, 1925, 18 L.Ed.2d 1019 (1967); State v. Shoemaker, 500 So.2d 385, 389 (La. 1987). In all other respects, the application is denied. La.C.Cr.P. art. 930.4(A); State v. Payn, 92-0975 (La.App. 4th Cir. 7/25/96), 659 So.2d 527; State v. Payn, 95-2166 (La. 1/26/96), 666 So.2d 661.
PFC
HTL
CDK
BJJ
JPV
JTK
MARCUS, J. not on panel.
TRAYLOR, J. would deny the writ.