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
- 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.
- The statutory funding issues must be addressed before the equal protection and due process issues.
- 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
- 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.
- Whether the alleged funding system violated equal protection or due process.
- 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.
Court Document
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