Statev.Green

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUITMar 31, 2017
NO. 2017 KW 0262 (La. Ct. App. Mar. 31, 2017)

NO. 2017 KW 0262

03-31-2017

STATE OF LOUISIANA v. KAGLIN GREEN, MARCUS ESTER, KAHLIL HOWARD, AND TYRELL WILLIAMS


In Re: State of Louisiana, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 34,446. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.

WRIT DENIED. REQUEST FOR STAY DENIED.

VGW

JMG

McClendon, J., agrees in the denial of the request for stay, but dissents and would grant the writ application. Louisiana Code of Criminal Procedure article 717(B) requires the prosecutor to disclose any inducement offered by the district attorney, or by any law enforcement officer on behalf of the district attorney, to any state witness. The record before us indicates that the codefendants to whom the state made plea offers have not accepted those plea offers. Therefore, those individuals have not agreed to be state witnesses. Accordingly, the district court acted prematurely in ordering the state to disclose the terms of the plea offers made to those individuals. COURT OF APPEAL, FIRST CIRCUIT /s/_________


DEPUTY CLERK OF COURT


FOR THE COURT