State Of Louisiana in the Interest of I.B.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 0490
IN THE INTEREST OF I. B.

MAY 11, 2021

In Re: State of Louisiana, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 72-2021-0009.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

STAY LIFTED. WRIT We find the district court
GRANTED .
prematurely ordered the state to produce the victim's video
recorded statement made to the Children's Advocacy Center
because the state has not instituted prosecution. The
discovery articles "shall be applicable following the
institution of prosecution by the return of a grand jury
indictment, the filing of a bill of information, or the filing
of an affidavit charging an offense." La. Code Crim. P. art.
729.6; La. Ch. C. art. 866; State v. Jefferson, 2009-0740 (La.
4/2/09), 6 So.3d 757, 758; State v. Parkerson, 530 So.2d 74 (La.
1988). Accordingly, the district court's May 3, 2021 ruling
ordering the state to produce the victim's video recorded
statement made to Children's Advocacy Center is reversed, and
this matter is remanded to the district court for further
proceedings.

MRT
EW
CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLE K OF COURT
FOR THE COURT