Supreme Court of Louisiana, 2004

State v. Dressner

State v. Dressner
Supreme Court of Louisiana · Decided May 14, 2004 · Grant, Knoll, Reasons, Victory, Weimer, Writ
874 So. 2d 157; 2004 La. LEXIS 1854; 2004 WL 1403082 (Southern Reporter, Second Series)

State v. Dressner

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 02-4386; to the Court of Appeal, Fifth Circuit, No. 04-K-519.

Writ denied. In the event that the defendant is found guilty of first degree murder, the state may re-raise prior to the penalty phase the issue whether the defense must provide discovery of documents regarding the defendant’s mental health.

VICTORY, J., would grant the writ. KNOLL, J., would grant the writ for the reasons assigned by WEIMER, J.

Dissenting Opinion

WEIMER, J.,

would grant the writ. There is no showing that the trial court abused its great discretion. We must yield to the trial court’s decision that the defendant, who has repeatedly put his allegedly diminished mental capacity at issue, must provide the State with materials his proposed expert witness has reviewed.

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