Supreme Court of Louisiana, 1993

State v. Franks

State v. Franks
Supreme Court of Louisiana · Decided January 15, 1993 · Lemmon, Ortique
610 So. 2d 815; 1993 La. LEXIS 102; 1993 WL 10256 (Southern Reporter, Second Series)

State v. Franks

Opinion of the Court

In re Franks, James Ronald; — Defendants); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 223871-KA; Parish of Bossier, Twenty-Sixth Judicial District Court, Div. “E”, No. 69,164.

Denied.

Concurring Opinion

LEMMON, J.,

concurs. The court of appeal erred in absolving the district attorney of the responsibility to disclose items not in his possession, since La.Code Crim.Proc. art. 719 requires disclosure of evidence within his knowledge which is intended for use at trial. Nevertheless, the relator has not shown that he was prejudiced by the discovery violation in the context of the overall circumstances.

ORTIQUE, J., not on panel.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.