Opinion

State v. Brown

  • 201 So. 3d 240
  • 2016 La. LEXIS 1805
Court
Supreme Court of Louisiana
Filed
Sep 13, 2016
Status
Published
Author
Crichton
On the bench
Crichton
Cited by
0 cases
Authority
More cited than 17.5%

The opinion

CRICHTON, J.,

additionally concurs and assigns reasons:

hi agree with the Court’s decision to deny this writ application. For the reasons I stated previously, State v. Brown, 16-0274 (La. 4/22/16), 192 So.3d 720, 722 (Crichton, J., concurring), ex parte proceedings should be invoked in good faith only in very limited circumstances. In response to this Court’s September 10, 2016 Order, the district court recognized its previous rulings were an “incorrect application of Toucket” Written Reasons for Maintaining Certain Documents Under Seal at 3, State v. Brown, (No. 0000-C-520401) (emphasis removed); see also State v. Touchet, 93-2839 (La. 9/6/94), 642 So.2d 1213 . But one error should not beget another error. Thus, I agree with the district court’s belief that further disclosure to the State of documents maintained under seal would be fundamentally unfair to the defendant. Nonetheless, I write separately to emphasize that a broad interpretation of Toucket is at odds with our system of criminal justice, which should be adversarial and open to the public.

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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