Clerk of Court For the Court State Of Louisiana v. Benson O'brien, III

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
BENSON O'BRIEN, III
No.2020-KK-00477
_ _ _ _ _ _
IN RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 521288, Court of
Appeal, First Circuit, Number(s) 2020 KW 0074;
_ _ _ _ _ _
October 14, 2020
Writ application granted. See per curiam.
JDH
BJJ
JLW
JTG
WJC
JHB
Crichton, J., concurs and assigns reasons.
Supreme Court of Louisiana
October 14, 2020
10/14/2020 "See News Release 039 for any Concurrences and/or Dissents."

1
SUPREME COURT OF LOUISIANA
No. 2020-KK-0477
STATE OF LOUISIANA
VS.
BENSON O’BRIEN, III
ON SUPERVISORY WRIT TO THE 22ND JUDICIAL
DISTRICT COURT FOR THE PARISH OF ST. TAMMANY
PER CURIAM.
Writ granted. Information concerning the competency and mental status of a
defendant is not a confidential communication under LSA-C.E. art. 506(B) because
it was not disclosed in furtherance of obtaining legal services, and the exclusion of
such information would not advance the policy sought to be furthered by the
attorney-client privileg e because the information does not relate to the client ’s
reason for seeking representation. See LSA-C.E. arts. 506 and 507; See also State
v. Gage, 10-0237 (La. App. 1 Cir. 10/29/10), (unpublished), 2010 WL 4273080, writ
denied, 10-2666 (La. 4/25/11), 62 So.3d 86. The State’s writ application is granted.
The ruling denying the State’s motion to subpoena the defendant’s previous attorney
to testify regarding defendant’s competency at the time the guilty plea was entered
is reversed, the motion is granted, and this matter is rem anded to the district court
for further proceedings.
10/14/20