Opinion
NO. 2016 KW 1239
11-16-2016
STATE OF LOUISIANA v. WYATT WATTS
In Re: A.S., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 05-13-0382. BEFORE: WELCH, CRAIN AND HOLDRIDGE, JJ.
WRIT DENIED.
GH
JEW
Crain, J., dissents and would grant the writ application. Relator is charged with simple rape, requiring that the State prove that sexual intercourse was without the victim's lawful consent because of her stuporous or intoxicated condition, and that relator was, or should have been, aware of that condition. See La. R.S. 14:43. In this context, relator must establish his good faith in requesting the victim's medical records and that the request is not intended as a general "fishing expedition." See State v. Marcelin, 2010-2036 (La. 10/15/10), 46 So.3d 191 (per curiam). I believe relator failed to meet this burden because he did not establish how the victim's medical records would assist his defense. Consequently, I find the district court abused its discretion in ordering the victim to produce for an in-camera inspection her prescription information and medical records from Baton Rouge General Hospital. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT