State Of Louisiana, Ex Rel. Frank Ford Cosey v. Tim Hooper, Warden Louisiana State Penitentiary, Angola, Louisiana

Supreme Court of Louisiana
November 10, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA, EX REL. FRANK
FORD COSEY
VS.
TIM HOOPER, WARDEN LOUISIANA STATE
PENITENTIARY, ANGOLA, LOUISIANA
No. 2021-KD-01603
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I
N RE: State of Louisiana - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 07-90-0596;
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November 04, 2021
Stay denied; Writ granted in part; See per curium
JBM
JLW
SJC
JTG
WJC
PDG
11/04/2021 "See News Release 044 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KD-01603
STATE OF LOUISIANA, EX REL. FRANK FORD COSEY
VS.
TIM HOOPER, WARDEN LOUISIANA STATE PENITENTIARY,
ANGOLA, LOUISIANA
On Supervisory Writ to the Nineteenth Judicial District Court, Parish of East Baton Rouge
PER CURIAM
Writ granted, in part. Stay denied. The State argues it is entitled by law to
discover certain memoranda, notes, and other relevant information pursuant to its
“Motion to Compel Petitioner’ s Defense Investigator Memoranda and Notes
Regarding Intervie ws w ith Witnesses for Whom Petitioner Submitted Curated
Declarations and to Compel Other Relevant Information Pertaining to Defense
Investigations,” and thus, the trial court erred in denying its motion. Petitioner,
Frank Ford Cosey, argues the memoranda, notes, and other relevant information
sought to be discovere d by the State is privileged work-product. The State
contends that even if it is not allowed to review and use the requested discovery at
the hearing before the trial court, Petitioner should still be ordered to produce such
so th at it may be properly preserved for later appellate review. To ensure the
record is complete and adequate for later review, Petitioner, Frank Ford Cosey, is
ordered to produce the requested memoranda, notes, and other relevant
information; however, the production s hall be under seal, to be maintained solely
for the purpose of later appellate review, and shall be produced to the trial court
under seal within forty-eight (48) hours of notice of this Order. With regard to any
other arguments or request filed by the State, we deny writ.
11/04/21