State of Louisiana v. Shavez Wiley (2017)

In my view, the record on appeal is insufficient to address the merits of Mr. Wiley's claim under United States v. Bagley, 473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985), that the State withheld grand jury transcripts which, Mr. Wiley argues, could have been used to impeach State witnesses at trial. Mr. Wiley's claim is, instead, more properly litigated by the filing of an application for post-conviction relief, so that the record may be more fully developed. See State v. Wells, 11-0744 (La. App. 4 Cir. 4/13/16), 191 So.3d 1127, writ denied, 16-0918 (La. 4/24/17), 219 So.3d 1097. I therefore concur in the result reached by the majority in this respect. In all other respects, I agree with the opinion of the majority.

LEDET, J., CONCURRING IN PART WITH REASONS