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STATE OF LOUISIANA v. YASHICA S. BICKHAM
Writ application granted. See per curiam.
Writ granted. The state promptly produced the evidence at issue upon receipt. The state does not have a duty to disclose information that it does not possess. See State v. Williams, 448 So. 2d 659, 664 (La. 1984). The Code of Criminal Procedure does not authorize an order “closing” discovery but contemplates the exchange of evidence known to and in possession of the state. See La. Code Crim. Pro. arts. 729.2-729.3. The defendant likewise suffered no unfair prejudice where the trial court continued the trial date when the evidence was produced. The trial court's order denying the state's attempt to supplement the discovery inventory is reversed, and this matter is remanded for further proceedings.
REVERSED AND REMANDED.
I concur only because the continuance of the trial relieved any prejudice.
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Docket No: No. 2023-KK-00541
Decided: May 31, 2023
Court: Supreme Court of Louisiana.
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