Opinion
NO. 2015 KW 0566
06-29-2015
STATE OF LOUISIANA v. LEROY TURNER
In Re: Leroy Turner, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 247691. BEFORE: WHIPPLE, C.J., PETTIGREW AND McDONALD, JJ.
WRIT DENIED. The indispensable secrecy of grand jury proceedings must not be broken except where there is a compelling necessity. The party seeking disclosure must demonstrate a particularized need that outweighs the need for continued secrecy. That is, he must show that, without the material, his case would be greatly prejudiced or that an injustice would be done. See State v. Ross, 2013-0175 (La. 3/25/14), 144 So.3d 932, 939; State v. Lacaze, 2012-2131 (La. 6/17/13), 117 So.3d 915, 916 (per curiam). Relator's request for disclosure of the witnesses' grand jury testimony does not fall within the exceptions to the grand jury secrecy law. See La. Code Crim. P. art. 434. Furthermore, relator failed to meet his burden of proving that the need for disclosure outweighs the continued need for secrecy. Moreover, relator's reliance upon State ex rel. Simmons v. State, 93-0275 (La. 12/16/94), 647 So.2d 1094 (per curiam) is misplaced as Simmons does not provide that indigent inmates are entitled to a free copy of grand jury testimony. Accordingly, the district court did not abuse its discretion by denying the motion for production of grand jury testimony. See State v. Trosclair, 443 So.2d 1098, 1102-03 (La. 1983), cert. dismissed, 468 U.S. 1205, 104 S.Ct. 3593, 82 L.Ed.2d 889 (1984).
VGW
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT