State Of Louisiana v. Terry Bonner

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 0872

VERSUS

TERRY LYN BONNER OCTOBER 17, 2025

In Re: Terry Lyn Bonner, applying for supervisory writs, 21st
Judicial District Court, Parish of Livingston, No.
49904,

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED. In a criminal case, a defendant has a
constitutional right to present a defense. U.S. Const. art. VI;
La. Const. art. I, § 16. Relator made a specific request for the
driving data and records from his automobile insurer near or on
the date of the alleged offense. Relator represents that the
requested documents would make the existence of several facts that
are of consequence to the determination of the action more probable
or less probable than those facts would be without the evidence,
including his location at the time of the alleged offense. Relator
indicates the requested documents are evidentiary, relevant, and
that the application is made in good faith and is not intended as
a general fishing expedition. See State v. Marcellin, 2010-2036
(La. 10/15/10), 46 So.3d 191, 193 (per curiam). Additionally,
there is no indication that a subpoena to obtain the tracking
information from relator’s own vehicle within a short window of
time is unreasonable or oppressive. see La. Code Crim. P. art.
732. Under the facts presented, the district court abused its
discretion in denying, on its own motion, the expedited motion for
issuance of a subpoena duces tecum. Accordingly, the ruling is
reversed, the expedited motion is granted, and this matter is
remanded to the district court for compliance with this action.

MRT
KEB

Penzato, J., dissents and would deny the writ application.

‘COURT OF APPEAL, FIRST CIRCUIT

ee TY “CLERK OF COURT
‘FOR THE COURT