State v. Cotton

Supreme Court of Louisiana

State v. Cotton

637 So. 2d 487, 1994 La. LEXIS 1433, 1994 WL 242290

Supreme Court of Louisiana·Decided June 3, 1994·No. No. 94-KK-0936·Published

Opinion

In re State of Louisiana; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, First Circuit, No. KW94 0495; Parish of St. Tammany, 22nd Judicial District Court, Div. “E”, No. 221413-E.

Granted. The judgment of the court of appeal is vacated and the judgment of the trial court is reinstated. The records of the psychologist are not discoverable as they are not in the possession and control of the state and are not intended to and will not be used at trial. LSA-C.Cr.P. art. 718 and 719. Dr. Zeilinger is only being called as a fact witness to confirm the initial complaint of sexual abuse, not as an expert. LSA-C.E. art. 801 D(l)(d).

ORTIQUE, J., would deny the writ. DENNIS, J., not on panel.

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In re State of Louisiana; — Plaintiffs); applying for supervisory and/or remedial writs; to the Court of Appeal, First Circuit, No. KW94 0495; Parish of St. Tammany, 22nd Judicial District Court, Div. “E”, No. 221413-E.

Granted. The judgment of the court of appeal is vacated and the judgment of the trial court is reinstated. The records of the psychologist are not discoverable as they are not in the possession and control of the state and are not intended to and will not be used at trial. LSA-C.Cr.P. art. 718 and 719. Dr. Zeilinger is only being called as a fact witness to confirm the initial complaint of sexual abuse, not as an expert. LSA-C.E. art. 801 D(l)(d).

ORTIQUE, J., would deny the writ. DENNIS, J., not on panel.

State v. Cotton, 637 So. 2d 487, 1994 La. LEXIS 1433, 1994 WL 242290 (La. 1994).

Pincite

637 So. 2d 487 (State v. Cotton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.