Supreme Court of Louisiana, 1975

State v. Johnson

State v. Johnson
Supreme Court of Louisiana · Decided November 21, 1975 · Calogero, Tate
323 So. 2d 132; 1975 La. LEXIS 4054 (Southern Reporter, Second Series)

State v. Johnson

Opinion of the Court

In re: Jeffrey Paul Johnson applying for Remedial Writ to Issue Under This Court’s Supervisory Jurisdiction and for Stay Order.

Writ denied. No error is shown.

Concurring Opinion

TATE & CALOGERO, JJ.,

concur.

The State cannot withhold evidence in its possession which the defendant is entitled to use in attacking the credibility of prosecution witnesses. We see no real reason why the State should not disclose this evidence now; a criminal trial is not a lawyers game. However, since the defendant will be entitled to this information upon cross-examination of the State witnesses— see Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L.Ed.2d 215 and Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L. Ed.2d 347 no prejudicial error has yet occurred.

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