State v. Harris

Summary

The Louisiana Supreme Court held that the district court abused its discretion by conducting an ex parte proceeding on the respondent’s request for state funding of expert witness services in connection with a Miller hearing. The court vacated the funding authorization and remanded for an open and contradictory hearing, concluding that the respondent had not shown substantial prejudice from the State’s participation.

Holdings

1. The district court abused its discretion because Harris failed to show that litigating his request for state-funded expert services in an open and contradictory hearing would cause substantial prejudice or otherwise be unfair.
2. The court could not determine whether Harris was entitled to the requested funds because the ex parte proceedings were not transcribed and were not filed under seal for appellate review.

Questions Presented

1. Whether the district court abused its discretion by conducting an ex parte hearing on Harris's request for state funding of expert witness services without a showing of good cause or substantial particularized prejudice.
2. Whether the Supreme Court could determine whether Harris was entitled to the requested expert funding when the ex parte proceedings were not transcribed and were not filed under seal.

Disposition

vacated