Louisiana Motion for In-Camera Hearing

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Description

In-Camera refers to a closed and private session of Court or some other deliberating body. The hearing of a trial or hearing, in whole or in part, that is conducted in private and the pubic galleries are cleared and the doors locked, leaving only the judge, the Court clerk, the parties and lawyers and witnesses in attendance. From time to time, there are overriding concerns where the violation of personal privacy combined with the vulnerability of the witness or parties justifies an in camera hearing.


In Camera inspection happens when a judge reviews evidence (depositions, documents, photos and the like) to determine whether it should be provided to other parties. This usually occurs when both sides in a case disagree about whether a certain, usually crucial piece of evidence should come in, meaning (1) is it admissible-is it relevant to the Trier of fact in making a determination of the ultimate issue of the case and (2) is the prejudicial affect to the defendant substantially outweighed by the probative value of the evidence. Any material that is not relevant is not disclosed or may be redacted.


To be entitled to an in camera inspection, the defendant must make a preliminary showing that the sought-after evidence is material to his or her defense. State v. Shiffra, 175 Wis. 2d 600 (Wis. Ct. App. 1993)



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FAQ

If you cannot make bond, then the district attorney has 45 days on misdemeanors and 90 days on felonies to decide whether to accept your case. The period can be longer for certain offenses such as murder or aggravated rape.

Bail hearing for felony offenses against a family or household member.

Art. 154. A judge is permitted to deny a motion to recuse without appointment of an ad hoc judge and without a hearing if the motion fails to set forth valid grounds for recusal under article 151. The judge must now, however, provide written reasons for the denial.

14, § 313. Wearing of masks, hoods, or other facial disguises in public places prohibited; penalty; exceptions; permit to conduct Mardi Gras festivities; wearing of hoods, masks, or disguises by sex offenders.

Under Louisiana's Electronic Surveillance Act, it is illegal to intercept or record oral, wire or electronic conversations unless at least one party has consented. Violators may be subject to fines, imprisonment, and/or civil damages.

A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made.

Under Louisiana Code of Criminal Procedure § 313. C. (1), a contradictory bail hearing must be held prior to setting bail for a person in custody who has either been charged with a sex offense and has been previously convicted of a sex offense.

Upon motion of the prosecuting attorney, the judge or magistrate may order the temporary detention of a person in custody who is charged with the commission of an offense, for a period of not more than five days, exclusive of weekends and legal holidays, pending the conducting of a contradictory bail hearing.

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Louisiana Motion for In-Camera Hearing