State Of Louisiana v. Russell Bendily, Jr. ( 2020 )

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