State ex rel. Wise v. State
Also decided on this docket: La., May 14, 1999 736 So. 2d 162; La., May 8, 1998 718 So. 2d 422
State ex rel. Wise v. State, 755 So. 2d 873 (La. 1999).
Opinion text
On Rehearing. PER CURIAM. * Granted in part; otherwise denied. The district court is ordered to appoint counsel for relator and hold a hearing at which it will determine whether at relator’s aggravated battery trial the state suppressed evidence of the officer-victim’s medical treatment which contradicted the officer’s testimony, and whether such suppression, if any, violated the terms of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963) or Napue v. Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959) or their progeny. In all other respects the application is denied. LEMMON, J., dissents. Traylor, J., not on panel. See La. S.Ct. Rule IV, Part II, § 3.