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609 So. 2d 215

State v. Aucoin

Supreme Court of Louisiana

Decided December 11, 1992

Supreme Court of Louisiana · decided 1992-12-11

Decided 1992-12-11

¶1In re Aucoin, Darrell; — Defendants); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. *216KW92-1442; Parish of Lafayette, 15th Judicial District Court, Div. “H”, No. 59800.

¶2Stay order denied and writ denied. The trial court did not abuse its discretion in denying the continuance in light of its stated willingness to further consider the matter, in camera if appropriate, and to recess the trial if necessary to allow adequate preparation by the defense. If it appears that the defense expert witness cannot, after due diligence, be prepared to testify within the time framework of this on-going trial, then a continuance should be granted.

DENNIS, J.,

¶3concurs. Based on our communications with the trial court, it is our understanding that the defendant has been given all the documents his counsel has requested and that his expert will be afforded adequate time to prepare for trial. If this is incorrect, defendant may reapply to this Court for additional relief.

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