State Of Louisiana v. Russell Bendily, Jr.

Opinion

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