State v. Givens

Supreme Court of Louisiana

State v. Givens

701 So. 2d 184, 1997 La. LEXIS 2947, 1997 WL 630726

Procedural entryThis page is a short order in State v. Givens. Read the opinion of the Court — 2000 La. LEXIS 2634 →

Supreme Court of Louisiana·Decided October 3, 1997·No. No. 97-KK-2081·Published

Opinion

In re State of Louisiana; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “L”, No. 386-813; to the Court of Appeal, Fourth Circuit, No. 97KW 1425.

Writ granted. The ruling of the trial court, granting defendant’s motion for an independent examination of the victim is reversed. The trial court made no finding that an independent examination is necessary and appropriate under the circumstances and that such an examination will not cause undue emotional stress for the young victim. La.R.S. 15:440.1.

CALOGERO, C.J., and LEMMON, J., would deny the writ. MARCUS, J., not on panel.

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In re State of Louisiana; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “L”, No. 386-813; to the Court of Appeal, Fourth Circuit, No. 97KW 1425.

Writ granted. The ruling of the trial court, granting defendant’s motion for an independent examination of the victim is reversed. The trial court made no finding that an independent examination is necessary and appropriate under the circumstances and that such an examination will not cause undue emotional stress for the young victim. La.R.S. 15:440.1.

CALOGERO, C.J., and LEMMON, J., would deny the writ. MARCUS, J., not on panel.

State v. Givens, 701 So. 2d 184, 1997 La. LEXIS 2947, 1997 WL 630726 (La. 1997).

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701 So. 2d 184 (State v. Givens) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.