Mitchell v. Greenburg

Louisiana Court of Appeal

Mitchell v. Greenburg

640 So. 2d 1367, 1994 La. App. LEXIS 2257, 1994 WL 423420

CourtLouisiana Court of Appeal

DecidedMay 12, 1994

DocketNo. 93 CA 1846

StatusPublished

Cited by2 cases

This text of 640 So. 2d 1367 (Mitchell v. Greenburg) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. Greenburg, 640 So. 2d 1367, 1994 La. App. LEXIS 2257, 1994 WL 423420 (La. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

The salient issue in this case is whether or not the trial court erred when it refused to issue a writ of mandamus ordering the district attorney to release the medical record of a juvenile rape attempt victim pursuant to the public records act.

Plaintiff, an inmate at Angola, sought a writ of mandamus ordering the district attorney to provide access to records within his custody, pursuant to LSA-R.S. 44:1 et seq. Ultimately, the district attorney provided access to all of the records within his possession except for the medical record of the juvenile victim. The trial court rendered judgment in open court following a hearing on November 10, 1992. Judgment was signed on September 22, 1993.

Appellant cites Lemmon v. Connick, 590 So.2d 574 (La.1991), for the proposition that post-conviction relief is not “criminal litigation” within the meaning of the exemptions section of the public records act. See LSA-R.S. 44:3. However, LSA-R.S. 44:1 (A)(2), which defines “public records,” specifically states “except as otherwise provided in this Chapter or as otherwise provided by law.” We find that the medical record of the juvenile victim in this case is an exception which is otherwise provided by law. See for instance LSA-R.S. 13:3734 regarding doctor/patient privilege.

For the foregoing reasons, we affirm the judgment of the trial court. Although appellant’s suit was brought in forma pauper-is, the costs of an unsuccessful appeal may be assessed against him. Gibson v. Barnes, 597 So.2d 176 (La.App. 1st Cir.1992). Accordingly, costs of this appeal are assessed to appellant.

AFFIRMED.

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PER CURIAM.

The salient issue in this case is whether or not the trial court erred when it refused to issue a writ of mandamus ordering the district attorney to release the medical record of a juvenile rape attempt victim pursuant to the public records act.

Plaintiff, an inmate at Angola, sought a writ of mandamus ordering the district attorney to provide access to records within his custody, pursuant to LSA-R.S. 44:1 et seq. Ultimately, the district attorney provided access to all of the records within his possession except for the medical record of the juvenile victim. The trial court rendered judgment in open court following a hearing on November 10, 1992. Judgment was signed on September 22, 1993.

Appellant cites Lemmon v. Connick, 590 So.2d 574 (La.1991), for the proposition that post-conviction relief is not “criminal litigation” within the meaning of the exemptions section of the public records act. See LSA-R.S. 44:3. However, LSA-R.S. 44:1 (A)(2), which defines “public records,” specifically states “except as otherwise provided in this Chapter or as otherwise provided by law.” We find that the medical record of the juvenile victim in this case is an exception which is otherwise provided by law. See for instance LSA-R.S. 13:3734 regarding doctor/patient privilege.

For the foregoing reasons, we affirm the judgment of the trial court. Although appellant’s suit was brought in forma pauper-is, the costs of an unsuccessful appeal may be assessed against him. Gibson v. Barnes, 597 So.2d 176 (La.App. 1st Cir.1992). Accordingly, costs of this appeal are assessed to appellant.

AFFIRMED.

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Bluebook (online)

640 So. 2d 1367, 1994 La. App. LEXIS 2257, 1994 WL 423420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-greenburg-lactapp-1994.

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