STATE v. BROOKS (2019)

Writ granted. The ruling of the trial court ordering the state to disclose the identity of an undercover agent witness two weeks before trial is reversed, and this matter is remanded to the trial court for further proceedings. La.C.Cr.P. art. 716(F) provides that the state shall not be obligated to provide to any defendant a witness list for any trial or pretrial matter. Defendant here has failed to show that any “peculiar distinctive reason why fundamental fairness dictates discovery of the names of witnesses” prior to trial exists. State v. Weathersby, 09-2407, p. 3 (La. 3/12/10), 29 So.3d 499, 501.

To be clear, we reverse that portion of the trial court's order that required the subject witness to be identified two weeks prior to trial. Because the witness was a participant in the drug transaction he must be present at trial subject to cross-examination and his identity must still be disclosed.

PER CURIAM:

Hughes, J., concurs and assigns reasons. Genovese, J., would deny and assigns reasons.