State Of Louisiana v. Markeithen McGinnis

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISTANA NO. 2025 KW 0684

VERSUS

MARKEITHAN MCGINNIS SEPTEMBER 26, 2025

In Re: Markeithan McGinnis, applying for supervisory writs,
18th Judicial District Court, Parish of Iberville, No.
184-24,

BEFORE : MILLER, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED. The state filed a Motion for Discovery and
Inspection on May 6, 2024, prior to the August 1, 2024, effective
date of La. Code Crim. P. art. 390. The state continued to provide
additional discovery to relator. In March 2025, the state filed
notice of intent to use evidence and reports from the Louisiana
State Police crime lab. Within ten days of receiving the notice
from the state, relator provided notice pursuant to Article 390 of
his intent to assert the justification of self-defense based on
that particular evidence. After a hearing, the court sustained the
state’s opposition, finding that relator failed to show good cause
for its delayed filing. Although relator failed to provide written
notice within ten days of the state’s initial motion for discovery,
Article 390 was not law at that time. However, relator filed notice
within ten days of receiving the state’s additional discovery
notice regarding the evidence at issue. Thus, relator showed good
cause for the delay, and there is no indication that this was a
delay tactic that would prejudice the state. Accordingly, the
district court’s ruling sustaining the state’s opposition to
relator’s Notice of Intent Pursuant to La. Code Crim. P. art. 390
is reversed and this matter is remanded for further proceedings.
Moreover, relator’s right to present a defense as guaranteed by
the Sixth Amendment to the United States Constitution and Article
I, § 16 of the Louisiana Constitution informs our analysis.

SMM
WEF

Edwards, J., would order the state to file a response to the
writ application and invite a per curiam from the district court.

/CQORT OF APPEAL, FIRST CIRCUIT

Leda. 2 AY OK nO

EPUTY CLERK OF COURT
FOR THE COURT