Opinion
No. 93-KH-2898
October 13, 1995
IN RE: Fleury, David; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "B" Number 312-162; to the Court of Appeal, Fourth Circuit, Number 93KW-1701, 93KW-2007
Denied. As to most of the documents relator requests, he has not shown the required particularized need. State ex rel. Bernard v. Cr. D.C., 94-2247 (La. 4/28/95), 653 So.2d 1174. As to his request for his indictment, the Court declines to order production of documents it normally provides even in the absence of a showing of particularized need. cf. State ex rel, Simmons v. State, 93-0275 (La. 12/16/94), 647 So.2d 1094, in cases in which the limitations period of La.C.Cr.P. art. 930.8 has expired, unless the relator has made a showing of particularized need by filing an application which would fall under the exceptions of La.C.Cr.P. art. 930.8 (A) and which needs the requested documents to support it. Bernard, 94-2247 at p. 2, 653 So.2d at 1175; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189.
PFC
WFM
JCW
HTL
CDK
BJJ
JPV