Trenticosta v. Mamoulides

633 So. 2d 786, 1994 La. App. LEXIS 522, 1994 WL 51670
CourtLouisiana Court of Appeal
DecidedFebruary 23, 1994
DocketNo. 93-CA-621
StatusPublished
Cited by5 cases

This text of 633 So. 2d 786 (Trenticosta v. Mamoulides) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trenticosta v. Mamoulides, 633 So. 2d 786, 1994 La. App. LEXIS 522, 1994 WL 51670 (La. Ct. App. 1994).

Opinion

GRISBAUM, Judge.

This writ of mandamus addresses an apparent conflict pursuant to the Louisiana Public Records Act and the statutorily mandated Work Product Rule. We affirm in part and set aside and vacate in part.

ISSUES

We are called upon to determine two specific questions:

(1) Whether the appellate court has jurisdiction, and

(2) Whether the Work Product Rule prevents any specific items from being disclosed in face of the Public Records Act.

BASIC RECORD FACTS AND PROCEDURAL HISTORY

Nicholas Trenticosta, plaintiff, is counsel for Tyronne Lindsey. Lindsey is currently a death row inmate, whose conviction has been affirmed by the Louisiana Supreme Court in State v. Lindsey, 543 So.2d 886 (La.1989), cert. denied, 494 U.S. 1074, 110 S.Ct. 1796, 108 L.Ed.2d 798, reh’g denied, 495 U.S. 966, 110 S.Ct. 2579, 109 L.Ed.2d 761 (1990). In December 1992, plaintiff sent John Mamoul-ides, District Attorney for Jefferson Parish, a letter seeking to inspect and copy the public records in his custody and control regarding the investigation, arrest and prosecution of Tyronne Lindsey.

In February 1993, defendant allowed plaintiff (both parties acting through agents) to examine and copy certain files. The defendant withheld information in two folders (See Appendix), claiming such information was covered by the Work Product Rule.

On March 30,1993, plaintiff filed a petition in the district court for -writ of mandamus pursuant to La.R.S. 44:35 requesting the court to compel the defendant to disclose the records. The case was heard on May 10, 1993. After taking the case under advisement, the court refused to issue a "writ of mandamus. This appeal follows.

ANALYSIS — ISSUE ONE'

The defendant asserts jurisdiction of this Court is not proper because La. Const, art. V, § 5(D)(2) provides for appeal to the state supreme court when: “the defendant has been convicted of a capital offense and a penalty of death actually has been imposed.”

Defendant also contends in brief that “when taken at face value, this action is actually an appeal of the denial of Tyronne Lindsey’s post-conviction relief application in a separate, criminal capital murder case.” Defendant -submits this petition for mandamus is properly considered a criminal matter and this Court is without jurisdiction.

We find the petition is only for inspection and access to information contained in the district attorney’s records. The mandamus petition does not contain one iota regarding denial of Tyronne Lindsey’s post-conviction relief. Ergo, we maintain jurisdiction pursuant to La. Const, art. I, § 19; art. V, § 10; and La.Code Civ.P. art. 2083.

ANALYSIS — ISSUE TWO

The plaintiff asserts that, under Lemmon v. Connick, 590 So.2d 574 (La.1991) and Harrison v. Norris, 569 So.2d 585 (La.App. 2d Cir.1990), writ denied, 571 So.2d 657 (La.1990), La.R.S. 44:3 allows disclosure of the district attorney’s records pertaining to criminal litigation after the criminal litigation is finally adjudicated. Plaintiff contends, because Tyronne Lindsey’s conviction is final that access to all records is possible.

We note that the finality of a conviction does not warrant open season on every item in the district attorney’s files. We call to plaintiffs attention Section 2 of Acts 1978, No. 686: “The provisions of this Act shall not [788]*788apply to any writings, records or other accounts that reflect the mental impressions, conclusions, opinions or theories of an attorney or an expert, obtained or prepared in anticipation of litigation or in preparation for trial.”

We find this provision encompasses ■ a Work Product Rule for district attorneys. The purpose of the Work Product Rule is not merely to assist the client in obtaining complete legal advice, but also to afford the attorney a “zone of privacy” within which he is free to evaluate and prepare his case without adversarial scrutiny. See Hodges v. So. Farm Bureau Casualty Ins. Co., 433 So.2d 125 (La.1983).

Although we recognize the “client” of a district attorney is not the same as a client of a private attorney, we conclude the district attorney and his assistants are entitled to the same protection in which to prepare their cases. In addition, La.R.S. 44:3(D) states, “Nothing in this section shall be construed to prevent any and all prosecutive, investigative, and law enforcement agencies from having among themselves a free flow of information for the purpose of achieving coordinated and effective criminal justice.”

We also find such a disruption of privacy in which a district attorney prepares a case, no matter how long after the fact, could violate the provisions of this Act. For instance, if a district attorney knows his mental impressions and work product will some day be subject to disclosure when a conviction is final, it certainly would have an affect in the free flow of information while a prosecution is pending.

Accordingly, we conclude the following items listed as being retained are not subject to disclosure via the Work Product Rule:

(a) Item No. 10 ... Prosecutorial handwritten notes to the file in trial preparation
(b) Item No. 12 ... Research file
(c) Item No. 13 ... Jury panel, jury list and Assistant District Attorney’s notes for voir dire
(d) Item No. 14 ... State’s witness list and the Assistant District Attorney’s notes regarding witnesses
(e)Item No. 18 ... Interoffice Memorandum — JPSO regarding fingerprint comparison

Finally, regarding the remaining request, we rule as follows, to-wit:

(A) Grand Jury Testimony

Both the United States Supreme Court and the Louisiana Supreme Court have recognized the importance of the secrecy of grand jury proceedings. There is a strong public policy in favor of openness in civil as well as criminal discovery, and grand jury transcripts often provide many relevant facts. Thus, courts must balance two competing forces. See State v. Trosclair, 443 So.2d 1098 (La.1983), cert. denied, 468 U.S. 1205, 104 S.Ct. 3593, 82 L.Ed.2d 889 (1984). The United States Supreme Court and the Louisiana Supreme Court have followed basically the same approach in that the indispensable secrecy of grand jury proceedings must not be broken except when there is a compelling necessity. See United States v. Proctor & Gamble Co., 356 U.S. 677, 78 S.Ct. 983, 2 L.Ed.2d 1077 (1958) and State v. Ates, 418 So.2d 1326 (La.1982).

In determining disclosure, the party seeking disclosure has the burden of proving that the need for disclosure outweighs the continuing need for secrecy. A general claim that disclosure of grand jury transcripts will reveal exculpatory evidence or evidence of perjury is usually not sufficient to satisfy the requirement of showing a particularized need. See State v. Trosclair, supra. Plaintiff has failed to allege any specific facts illustrating any great prejudice or injustice he (or Tyronne Lindsey) would suffer; thus, we cannot say the trial court abused its discretion in disallowing disclosure.

(B)

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633 So. 2d 786, 1994 La. App. LEXIS 522, 1994 WL 51670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trenticosta-v-mamoulides-lactapp-1994.