Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pardee v. Connick

Court of Appeals of Louisiana, Fifth Circuit

March 15, 2019

AVERY PARDEE
v.
PAUL CONNICK, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY FOR THE PARISH OF JEFFERSON

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 786-561, DIVISION "J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLANT, AVERY PARDEE Avery B. Pardee P. J. Kee Graham H. Ryan

          COUNSEL FOR DEFENDANT/APPELLEE, PAUL CONNICK, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY FOR THE PARISH OF JEFFERSON Richard C. Stanley Benjamin P. Kahn Matthew J. Paul

          Panel composed of Judges Susan M. Chehardy, Stephen J. Windhorst, and John J. Molaison, Jr.

          SUSAN M. CHEHARDY, CHIEF JUDGE

         AFFIRMED.

         SMC

         SJW

         JJM

         This case arises in the context of a public records request. At issue is whether the Jefferson Parish District Attorney's internal memoranda are presently subject to disclosure under the Louisiana Public Records Act. Concluding that the memoranda are records pertaining to a matter reasonably anticipated to lead to further criminal litigation, we affirm the trial court's finding that the memoranda are exempt from disclosure pursuant to La. R.S. 44:3 (A)(1).

         FACTUAL AND PROCEDURAL HISTORY

         On November 16, 2000, Frank Kang was found guilty by a twelve-person jury of second degree murder. This Court affirmed Kang's conviction and the Louisiana Supreme Court denied certiorari. See State v. Kang, 01-1262 (La.App. 5 Cir. 2/23/04), 866 So.2d 408, writ denied, 04-944 (La. 11/24/04), 888 So.2d 226. Almost sixteen years later, Kang petitioned the Jefferson Parish District Attorney ("JPDA") to support his request to vacate his second degree murder conviction and life sentence in exchange for his plea of guilty to manslaughter. At the time, Kang's federal habeas proceeding was stayed[1] and, on May 3, 2016, Kang filed his second application for post-conviction relief asserting his claim of "actual innocence." Kang specifically contends that, although he confessed before and during trial to being the shooter, he did not, in fact, shoot the victim in this incident.

         In order to prepare its response to Kang's request, JPDA opened an investigation into Kang's request. Specifically, the Chief Investigator for the JPDA, Vince Lamia, interviewed a number of witnesses while investigating Kang's claim of actual innocence. After obtaining statements from several witnesses, Lamia wrote internal memoranda to his superiors, including the First Assistant District Attorney Steve Wimberley, to facilitate the JPDA's response to Kang's request.

         On March 12, 2018, Ms. Pardee, counsel for Frank Kang, [2] sent a letter to the Jefferson Parish District Attorney's office seeking "production of the following public ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.