Public-domain · open source
OpenJurist

849 So. 2d 813

849 So.2d 813

2003 La.App.4Cir. 874

State v. Paige

Louisiana Court of Appeal

Decided June 4, 2003

Louisiana Court of Appeal · decided 2003-06-04

Cited by 1 later decisions — most recently April 2007

1 state decisions

Key passage — most relied on by later courts

“Article 822 does not apply to requests for records under the Public Records Law, and it does not establish a separate procedure by which an inmate can secure documents from the district attorney. The purpose of this portion of [A]rtiele 822 is to prevent district courts from ordering the production of portions of the district attorney’s file without the district attorney first receiving notification of the motion.”

quoted by 1 later decision, including 955 So. 2d 735 - State v. Lanphier

Relies on State Ex Rel. McKnight v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-06-04

View the full empirical analysis of this case →

MAX N. TOBIAS, JR., Judge.

¶1We grant the application for a supervisory writ of Maurice Paige, the relator, to review his request for the district attorney’s file in his case. The relator asserts that the district attorney’s file contains Brady material that would result in his being able to obtain a reversal of his convictions for armed robbery and second-degree murder.

¶2*814We understand the relator’s request for the district attorney’s file to be one pled under the Louisiana Public Records Act, La. R.S. 44:1 et seq. We interpret La. C.Cr.P. article 822(B) as complementing, rather that superseding, La. R.S. 44:1 et seq. See State ex rel. McKnight, 98-2258 (La.App. 1 Cir. 12/3/98), 742 So.2d 894. Article 822(B) does not establish a separate procedure by which an inmate can secure documents from the district attorney. The purpose of article 822(B) is to prevent a district court from ordering the production of portions of a district attorney’s file without the district attorney first receiving notification of the motion. To seek enforcement under La. R.S. 44:1, et seq., the relator must first institute civil proceedings in Civil District Court, not Criminal District Court.

¶3We therefore grant the relator’s writ, but deny him the relief he seeks in this application.

¶4WRIT GRANTED; RELIEF DENIED.

/849/so2d/813 · .json · Public domain