No. K-2439 Precedential Processed

State v. Alexandra

Louisiana Court of Appeal, First Circuit · Filed June 19, 1984 · 451 So. 2d 1278

Cited by

State v. Seifert 524 So. 2d 160 La. Ct. App. 4th Cir. 1988
State v. Vampran 491 So. 2d 1356 La. Ct. App. 1st Cir. 1986
State v. Whitlock 454 So. 2d 871 La. Ct. App. 4th Cir. 1984

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Washington 407 So. 2d 1138
State v. Harvey 358 So. 2d 1224
State v. Hines 422 So. 2d 1297

Opinion text

WRIT MADE PEREMPTORY — REMANDED In a discovery motion the defendant requested “any record in the possession of the state or accessible to the state (or any information) that sets forth the arrest and conviction record of any witnesses that the state intends to call in this matter.” The State seeks review of the trial judge’s broad order that “the defense be provided a ‘rap sheet’ on anybody that testifies in this case.” The State is obligated, if requested, only to “respond to a specific request of the defense by stating whether the state had knowledge or possession of the conviction records” and to furnish them to the defendant or submit them to the court to determine entitlement. State v. Washington, 407 So.2d 1138 (La.1981) citing State v. Harvey, 358 So.2d 1224 (La.1978). The State has no affirmative duty to find and produce rap sheets. See State v. Hines, 422 So.2d 1297 (La.App. 4th Cir.1982). Therefore, this matter is remanded for the State to respond to question # 1 of the Motion as to its possession of criminal records on its witnesses.