New Legislation from the 2013 Session 8/2/13 ACT 250 DIS - - PowerPoint PPT Presentation

New Legislation from the 2013 Session

8/2/13

DIS ISCOVERY

ACT 250

Louisiana Center for Children’s Rights

DON’T PANIC

• This is a big change –
• But:

–Takes effect 1/1/14 –Not retroactive –Opt-in by the defense

Louisiana Center for Children’s Rights

Statement Disclosure: 716

• Trigger: On written motion of defendant
• Substance: DA must disclose:

– Statement written or signed by a witness called at the state’s case in chief at trial – Audio or video recording of a statement made by a witness called at the state’s case in chief at trial

• Timing: Need not provide until “immediately prior to

the opening statement”

• Caveats:

– Grand jury need not be recorded – No obligation to provide a witness list

• RECIPROCAL
• QUESTION: “Case in chief”?

Louisiana Center for Children’s Rights

State Witness RAP Sheets: 717

• State rebuttal witness RAP sheets,

inducements, need not be provided until “immediately prior to the witness being sworn”

• Question: Brady motion versus statutory

motion?

Louisiana Center for Children’s Rights

Police Reports: 718

• “Law enforcement reports created and

known to the prosecutor made in connection with the particular case.”

• Note: The Brady provision has been

extracted from this article and moved to 723

• Question: Kyles versus 718?

Louisiana Center for Children’s Rights

Expert Reports: 719

• Expert report must contain:

– Area of expertise and qualifications – “List of materials upon which his conclusion is based” – Opinion – “the reason therefor”

• Even if no written report is prepared, DA must

turn over a written summary containing the preceeding things

• RECIPROCAL
• QUESTION: What is “a list of materials upon

which his conclusion is based”?

Louisiana Center for Children’s Rights

Other Bad Acts: 720

• Includes 412.2 discovery
• Question: Interaction with C. E. 412.2’s

discovery provisions? (“The prosecution shall, upon request of the accused, provide reasonable notice in advance of trial of the nature of any such evidence it intends to introduce at trial for such purposes.”)

Louisiana Center for Children’s Rights

Codefendants: 722

• Broadens codefendant discovery: Any

written or recorded statements must be disclosed.

Louisiana Center for Children’s Rights

723: State Exclusions & Brady

• Deletes “statement” language
• Adds “any document, notes, or other items

which contain the mental impressions…”

• Adds a Brady provision – although deletes

the in camera review language from 718

• Question: Does either of these change

anything? (And note that

Louisiana Center for Children’s Rights

Protection of Witness Identity: 729.7

• Redaction of witness identification

information if a party “believes the witness’ safety may be compromised by the disclosure.”

• Objection by written motion
• Redacting party defends itself at an ex

parte proceeding

• Question: So, do you object or not?
• Question: What about CW names?

Louisiana Center for Children’s Rights

OT OTHER SI SIGNIF IFICAN ICANT ACTS

Louisiana Center for Children’s Rights

Individual Representation Issues

• Act 239: Miller implementation
• Act 429: Human trafficking
• Act 261: Recognizance releases
• Act 290: Battery of a correctional

employee

Louisiana Center for Children’s Rights

Policy and Systems Reform

• Act 214: Coordinated system of care
• Act 352: Gun courts
• SCR 55: Juvenile detention beds
• Act 268: Orleans Justice and

Rehabilitation Reform Commission

Louisiana Center for Children’s Rights