
    STATE of Louisiana v. Lavar RILEY.
    No. 99-KK-3167.
    Supreme Court of Louisiana.
    Nov. 5, 1999.
   In re State of Louisiana; — Plaintiff; applying for supervisory and/or remedial writs, Parish of E. Baton Rouge, 19th Judicial District Court, Div. IV, Nos. 11-98-150; to the Court of Appeal, First Circuit, No. 99 KW 2693.

Granted. The ruling of the trial court is vacated. To the extent that defendant was afforded pre-trial discovery, La.Code Cr. Pro.Art. 768 does not apply. Under the circumstances of this case, the prosecutor discharged his continuing duty to disclose promptly additional evidence that came to light during trial. La.Code Cr.Pro.Art. 729.3. The trial court is to allow a reasonable recess, upon request, for defense counsel to prepare to meet this additional evidence.

TRAYLOR, J., not on panel.

CALOGERO, C.J.,

dissents from this summary grant which reverses the ruling of both the district court and court of appeal in this matter. Some matters are best left for the district court or for the district court with review by the court of appeal. This is especially so in a case such as this where the district court is aware that the late discovered witness is .a state sponsored confidential informant who was placed in prison for the purpose of securing incriminating statements from inmates.

JOHNSON, J., would deny the writ.  