State Of Louisiana VS Russell Bendily, Jr.
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA 2020 NO. KW 0678 VERSUS RUSSELL In BENDILY, Re: The SEP 2 8 2020 JR. Victim Judicial B. B., applying for District Court, 20th supervisory writs, Parish of East Feliciana, No. 19 - CR - 291. BEFORE: MCDONALD, WRIT GRANTED. defendant order is REQUEST charged upon with request a the of AND FOR production compelling issued HOLDRIDGE, PENZATO, ORAL sex of JJ. ARGUMENT offense, medical defendant a DENIED. If subpoena records court not be subpoena or shall the unless or the court order identifies the records sought with particularity and is reasonably limited as to subject matter, and the court finds, after a contradictory hearing with the state, that the requested records are likely to be relevant and admissible at trial and are not sought for the purpose of harassing the victim. R. S. 15: 206( A). and case, A based on contradictory the record hearing before this was not court, it See held is in not La. this clear whether the defendant in this case has made a sufficient showing of possible listed in materiality the subpoena and duces relevance tecum. of the numerous Accordingly, this items case is remanded for a contradictory hearing with all counsel of record. Thereafter, if the court finds that the requested records sought for should the relevant and admissible at trial and are not purpose of harassing the victim, then the court are likely to be conduct an in camera review of only those records that meet such criteria La. for 6/ 5/ 17), production. 221 So. 3d See also 38. JMM GH AHP COURT OF APPEAL, FIRS Diu -( P11 DEPUTY CLERKOF CAERK FOR THE CIRCUIT COURT COURT State v. Devol, 2017- 0646
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