Supreme
Court of the United States
No. 02-650
Johnny M. Evans, Jr.
v.
DeRidder
Municipal Fire and Police
Civil Service Board
Writ of Certiorari
denied at
2003 U.S. Lexis 636,
Jan. 13, 2003
Louisiana Supreme Court, No. 01-2466
815 So. 2d 61, 2002 La. Lexis 962 (Apr. 3, 2002)
Louisiana Court of Appeals decision at 789 So. 2d 752
(3d Cir. 2001)
Questions presented
to the Supreme Court of the United States
1. Did Louisiana Supreme Court err in abandoning requisites
established in Daubert v.
Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), in favor of per se
admissibility rule of polygraph evidence in civil service hearings?
2. Did Louisiana Supreme Court err in accepting polygraph
evidence as inherently reliable scientific methodology?
3. Is La. Rev. Stat. Title 33 unconstitutional as applied
in this case by Louisiana Supreme Court, as it allows civil servant to be
deprived of property right without due process of law as guaranteed by Fifth
and 14th Amendments?
4. Did refusal of Louisiana Supreme Court to review reliability of polygraph violate Officer Evans's right to substantive and procedural due process?
5. Did Louisiana Supreme Court err in placing burden on
opponent of polygraph evidence to prove unreliability by providing existence of
irregularities in procedure, contrary to Fed.R.Ev. 104(a) and its Louisiana
counterpart?
6. Did Louisiana Supreme Court err in finding admissible,
as exception to hearsay rule, hearsay statements of convicted murderer, part of
which contained hearsay-within-hearsay of yet another convicted murderer, as
"statements against interest" as defined in Fed.R.Ev. 804(b)(3) and
its Louisiana counterpart?
Click here to view the Louisiana Supreme Court’s opinion
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