State Of Louisiana in the Interest of I.B.
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Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0490 IN THE INTEREST OF I. B.
MAY 11, 2021
In Re: State of Louisiana, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 72-2021-0009.
BEFORE: THERIOT, WOLFE, AND HESTER, JJ.
STAY LIFTED. WRIT We find the district court GRANTED . prematurely ordered the state to produce the victim's video recorded statement made to the Children's Advocacy Center because the state has not instituted prosecution. The discovery articles "shall be applicable following the institution of prosecution by the return of a grand jury indictment, the filing of a bill of information, or the filing of an affidavit charging an offense." La. Code Crim. P. art. 729.6; La. Ch. C. art. 866; State v. Jefferson, 2009-0740 (La. 4/2/09), 6 So.3d 757, 758; State v. Parkerson, 530 So.2d 74 (La. 1988). Accordingly, the district court's May 3, 2021 ruling ordering the state to produce the victim's video recorded statement made to Children's Advocacy Center is reversed, and this matter is remanded to the district court for further proceedings.
MRT EW CHH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLE K OF COURT FOR THE COURT
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