STATE OF LOUISIANA NO. 25-K-346 VERSUS FIFTH CIRCUIT KYLE OAKLEY COURT OF APPEAL STATE OF LOUISIANA

August 22, 2025 Linda Tran First Deputy Clerk

IN RE STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.

GREFER, DIVISION "J", NUMBER 23-488, 23-2538

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED On May 19, 2025, defendant, Kyle Oakley, filed a Motion and Order for Disclosure of Therapist(s) and the Issuance of Subpoena(s) Duces Tecum for Therapy Records. On July 7, 2025, a contradictory hearing was held in which the trial court granted the motion, stating: I’m going to grant the motion on the limited basis that the State will turn over the name of the therapist. If you choose to subpoena those records, the subpoena is a return to this Court for an in camera inspection prior to any records being turned over to either you or the State.

The trial court further stated: So the State has 15 days to decide to either -- to turn over the name of the therapist. Mr. Stern, once you get the name of the therapist, you can decide whether you want to subpoena the records. If you subpoena the records, again, make sure the return is to the Court and/or the State simultaneously.

Based upon the Court's review and the State's review those records, if anything is to be disclosed, it will be disclosed subsequently thereto.

The State seeks supervisory review of the trial court’s ruling that ordered the State to obtain and provide the name of the victim’s therapist.

It is well-established that trial courts have vast discretion in the regulation of pre-trial discovery. State v. Sly, 23-60 (La. App. 5 Cir. 11/2/23), 376 So.3d 1047, 1078, writ denied, 23-1588 (La. 4/23/24), 383 So.3d 608. A trial court’s determination regarding matters of discovery will not be overturned absent a clear abuse of that discretion. Id. Upon the showing made, we cannot say that the trial court abused its vast discretion at this stage. The trial court is taking a very measured approach to ensure that the privacy rights of the victim, and the constitutional rights of defendant, are both protected.

Accordingly, this writ application is denied.

Gretna, Louisiana, this 22nd day of August, 2025.

SUS JGG MEJ SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. TRAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/22/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

25-K-346 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Thomas J. Butler (Relator) Robert C. Stern (Respondent) Darren A. Allemand (Relator) MAILED Honorable Paul D. Connick, Jr. (Relator) District Attorney Twenty-Fourth Judicial District Derbigny Street Gretna, LA 70053