State of Louisiana Versus Roberto Lopez

• Court: Louisiana Court of Appeal
• Decided: August 19, 2024
• Docket: 24-K-373
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 24-K-373

VERSUS FIFTH CIRCUIT

ROBERTO LOPEZ COURT OF APPEAL

STATE OF LOUISIANA

August 19, 2024

Linda Wiseman First Deputy Clerk

IN RE ROBERTO LOPEZ

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 21-5762

Panel composed of Judges Marc E. Johnson, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Relator, Roberto Lopez, seeks review of the trial court’s August 1, 2024 denial

of his motion in limine to exclude expert testimony. In his motion, Relator sought

to exclude the testimony of Dr. Anne Troy as an expert in “Child Maltreatment,”

alleging the State failed to provide an adequate expert notice under La. C.Cr.P. art.

719. He argued that the State’s notice of Dr. Troy’s expert testimony does not

contain a detailed summary or a report as to her opinion regarding the alleged victim

and abuse, or a report of her conclusions for child sexual abuse and delayed

disclosure. Relator contends that the lack of a detailed summary prevents his defense

from adequately preparing to challenge Dr. Troy’s testimony.

In its oral reasons for denial of Relator’s motion in limine, the trial court found

that the State was not required to disclose Dr. Troy’s report to the defense because

she has not authored a written report. It further found that the State sufficiently complied with La. C.Cr.P. art. 719 by providing a summary of the information Dr.

Troy will testify to at trial.

Here, a review of the writ application shows that Dr. Troy neither conducted

any physical or mental examinations nor any scientific tests or experiments in this

matter, and the State will call Dr. Troy with respect to her knowledge regarding child

sexual abuse and delayed disclosure. The report by Relator does not exist. However,

as noted by the trial court, a summary of the information Dr. Troy will testify to at

trial was provided to the defense. After consideration, we cannot find that the trial

court erred in its denial of Relator’s motion.

Accordingly, the writ application is denied. Furthermore, Relator’s request

for stay is denied.

Gretna, Louisiana, this 19th day of August, 2024.

MEJ SUS TSM SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/19/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-K-373 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Mark D. Plaisance (Relator) Thomas J. Butler (Respondent) Anna L. Friedberg (Relator)

MAILED Remy V. Starns (Relator) Marcus J. Plaisance (Relator) Zachary L. Grate (Respondent) Attorney at Law Attorney at Law Assistant District Attorney 301 Main Street Post Office Box 1123 Twenty-Fourth Judicial District Suite 700 Prairieville, LA 70769 200 Derbigny Street Baton Rouge, LA 70825 Gretna, LA 70053