State ex rel. Deboue v. Whitley

Supreme Court of Louisiana

State ex rel. Deboue v. Whitley

592 So. 2d 1287, 1992 La. LEXIS 826, 1992 WL 31413

CourtSupreme Court of Louisiana

DecidedFebruary 21, 1992

DocketNo. 92-KP-0073

StatusPublished

Cited by2 cases

This text of 592 So. 2d 1287 (State ex rel. Deboue v. Whitley) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Deboue v. Whitley, 592 So. 2d 1287, 1992 La. LEXIS 826, 1992 WL 31413 (La. 1992).

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Opinion

PER CURIAM.

The trial court’s anticipation of difficulty in obtaining payment of experts’ fees does not obviate the performance of its constitutional duty to determine whether the relator is entitled to such fees, to fix them in the proper amount, and to order payment by the appropriate officer or entity. The relator is entitled to an adequate opportunity to present his claim fairly, and may not be denied the funds necessary. See, e.g., Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). Accordingly, the writ is granted and the matter is remanded to the trial court for further hearing, if necessary, and for an order for payment of the amount of funds, if any, to which the relator is entitled.

LEMMON, J., recused.

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PER CURIAM.

The trial court’s anticipation of difficulty in obtaining payment of experts’ fees does not obviate the performance of its constitutional duty to determine whether the relator is entitled to such fees, to fix them in the proper amount, and to order payment by the appropriate officer or entity. The relator is entitled to an adequate opportunity to present his claim fairly, and may not be denied the funds necessary. See, e.g., Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). Accordingly, the writ is granted and the matter is remanded to the trial court for further hearing, if necessary, and for an order for payment of the amount of funds, if any, to which the relator is entitled.

LEMMON, J., recused.

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Bluebook (online)

592 So. 2d 1287, 1992 La. LEXIS 826, 1992 WL 31413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-deboue-v-whitley-la-1992.

Opinion

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