2023-KK-00541 Precedential Reversed and remanded Processed

State Of Louisiana v. Yashica S. Bickham

Louisiana Supreme Court · Filed May 31, 2023

Opinion text

Supreme Court of Louisiana
May 31, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
YASHICA S. BICKHAM
No. 2023-KK-00541
_ _ _ _ _ _
IN RE: S
tate of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 555- 269, Court of
Appeal, Fourth Circuit, Number(s) 2023-K-0187;
_ _ _ _ _ _
May 31, 2023
Writ application granted. See per curiam.
Hughes, J., concurs and assigns reasons.
WJC
JLW
SJC
JTG
JBM
PDG
05/31/2023 "See News Release 027 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-00541
STATE OF LOUISIANA
VS.
YASHICA S. BICKHAM
On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal
PER CURIAM
Writ granted. The state promptly produced the evidence at issue upon
receipt. The state does not have a duty to disclose information that it does not
possess. See S tate v. Williams , 448 So. 2d 659, 664 (La. 1984). The Code of
Criminal Procedure does not authorize an order “closing” discovery but
contemplates the exchange of evidence known to and in possession of the state .
See La. Code Crim. Pro. arts. 729.2 -729.3. The defendant likewise su ffered no
unfair prejudice where the trial court continued the trial date when the evidence
was produced. T he trial court’s order denying the state’s attempt to supplement
the discovery inventory is reversed , and this matter is remanded for further
proceedings.
REVERSED AND REMANDED.
05/31/23