State of Louisiana Versus Kyle Oakley

STATE OF LOUISIANA NO. 25-K-346

VERSUS FIFTH CIRCUIT

KYLE OAKLEY COURT OF APPEAL

STATE OF LOUISIANA

August 22, 2025

Linda Tran
First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.
GREFER, DIVISION "J", NUMBER 23-488, 23-2538

Panel composed of Judges Jude G. Gravois,
Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED

On May 19, 2025, defendant, Kyle Oakley, filed a Motion and Order for
Disclosure of Therapist(s) and the Issuance of Subpoena(s) Duces Tecum for
Therapy Records. On July 7, 2025, a contradictory hearing was held in which the
trial court granted the motion, stating:

I’m going to grant the motion on the limited basis that the State will
turn over the name of the therapist. If you choose to subpoena those
records, the subpoena is a return to this Court for an in camera
inspection prior to any records being turned over to either you or the
State.

The trial court further stated:

So the State has 15 days to decide to either -- to turn over the name of the
therapist. Mr. Stern, once you get the name of the therapist, you can decide
whether you want to subpoena the records. If you subpoena the records,
again, make sure the return is to the Court and/or the State simultaneously.
Based upon the Court's review and the State's review those records, if
anything is to be disclosed, it will be disclosed subsequently thereto.

The State seeks supervisory review of the trial court’s ruling that ordered the
State to obtain and provide the name of the victim’s therapist.

It is well-established that trial courts have vast discretion in the regulation of
pre-trial discovery. State v. Sly, 23-60 (La. App. 5 Cir. 11/2/23), 376 So.3d 1047,

1078, writ denied, 23-1588 (La. 4/23/24), 383 So.3d 608. A trial court’s
determination regarding matters of discovery will not be overturned absent a clear
abuse of that discretion. Id.

Upon the showing made, we cannot say that the trial court abused its vast
discretion at this stage. The trial court is taking a very measured approach to ensure
that the privacy rights of the victim, and the constitutional rights of defendant, are
both protected.

Accordingly, this writ application is denied.

Gretna, Louisiana, this 22nd day of August, 2025.

SUS
JGG
MEJ

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 08/22/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

25-K-346
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Thomas J. Butler (Relator) Robert C. Stern (Respondent)
Darren A. Allemand (Relator)

MAILED
Honorable Paul D. Connick, Jr. (Relator)
District Attorney
Twenty-Fourth Judicial District
200 Derbigny Street
Gretna, LA 70053