Granted. The judgment of the court of appeal is vacated and the judgment of the trial court is reinstated. The records of the psychologist are not discoverable as they are not in the possession and control of the state and are not intended to and will not be used at trial. LSA-C.Cr.P. art. 718 and 719. Dr. Zeilinger is only being called as a fact witness to confirm the initial complaint of sexual abuse, not as an expert. LSA-C.E. art. 801 D(1)(d).
ORTIQUE, J., would...
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