Opinion

State v. Brown

  • 145 So. 3d 236
  • 2014 La. LEXIS 697
  • 2014 WL 814585
Court
Supreme Court of Louisiana
Filed
Feb 28, 2014
Status
Published
Author
Hughes
On the bench
Hughes
Cited by
0 cases

The opinion

HUGHES, J.,

concurring.

Iil concur with the denial of the writ, not because the defendant is engaged in a “fishing expedition,” but because the subpoena at issue is not properly to be used as a discovery device.

Far from being a fishing expedition, a dash cam -video may well be the best evidence of the defendant’s stop and arrest, and the state may wish to introduce it against the defendant at trial.

But La. C. Cr. P. art. 732 only refers to the production of things “at a hearing or trial.” As it appears that no hearing on a motion to suppress or trial date has been set, defendant’s request for a subpoena duces tecum is premature.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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