No. 18-9094

Marty J. Hebert v. Louisiana

Lower Court: Fifth Circuit
Docketed: 2019-05-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment
Latest Conference: 2019-10-01
Question Presented (from Petition)

The State expert witness Dr. Emile Laga testified before the grand jury concerning his findings of the autopsy of the murder victim and the state secured a second degree murder indictment based upon Dr. Laga's grand jury testimony. After indictment and before trial it was disclosed that Dr. Laga changed or amended his testimony. The State of Louisiana has refused to order production of the Grand Jury Transcript of Dr. Laga. Petitioner contends that Dr. Laga's change in his autopsy finding and grand jury testimony supported the prosecution's theory and aidded the prosecution in obtaining a second degree murder conviction against Petitioner.

Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner ?

Question Presented (AI Summary)

Has the State of Louisiana committed Constitutional Error in its refusal to Order production of Dr. Laga's grand jury testimony to petitioner?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-05-30
Waiver of right of respondent Louisiana to respond filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

Louisiana
Wallace Claire Howington — Respondent
Marty J. Hebert
Marty J. Hebert — Petitioner