State ex rel. Williams v. State

888 So. 2d 792 (La. 2004) · Supreme Court of Louisiana · December 1, 2004 · No. 04-0575

Summary

The Louisiana Supreme Court addressed funding for experts and other services for an indigent death-row inmate represented by pro bono counsel in post-conviction proceedings. The court remanded for an evidentiary hearing and specific rulings on statutory funding requirements before reaching the equal protection and due process issues.

Holdings

  1. The court could not decide the funding issues because the record lacked sufficient evidence concerning the Louisiana Indigent Defense Assistance Board’s policies, resolutions, and funding practices.
  2. The statutory funding issues must be addressed before the equal protection and due process issues.
  3. The matter must be remanded for an evidentiary hearing, including testimony from a Louisiana Indigent Defense Assistance Board representative, followed by a specific ruling on the statutory funding issues and then consideration of the constitutional claims.

Questions Presented

  1. Whether the Louisiana Indigent Defense Assistance Board violated statutory requirements by allocating funding for reasonably necessary expert and investigative services differently based on whether a capital post-conviction inmate was represented by Capital Post Conviction Project staff or pro bono counsel.
  2. Whether the alleged funding system violated equal protection or due process.
  3. Whether the record was sufficiently developed for the Louisiana Supreme Court to decide the statutory and constitutional funding issues.

Disposition

remanded

Cases Cited (7)

  • State v. Williams, 708 So. 2d 703 (La. 1998)(followed procedurally)
  • Williams v. Louisiana, 525 U.S. 838, 119 S. Ct. 99, 142 L. Ed. 2d 79 (1998)(followed procedurally)
  • State ex rel. Williams v. State, 750 So. 2d 801 (La. 1999)(followed procedurally)
  • State ex rel. Williams v. State, 872 So. 2d 1073 (La. 2004)(followed procedurally)
  • State ex rel. Robertson v. Cain, 872 So. 2d 1073 (La. 2004)(held in abeyance)
  • Ring v. State Department of Transportation and Development, 835 So. 2d 423, 427 (La. 2003)(followed)
  • Blanchard v. State through Parks and Recreation Commission, 673 So. 2d 1000, 1002 (La. 1996)(followed)

Cited In (0)

No citing cases on record yet.

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