Supreme Court of the United States
Johnny M. Evans, Jr.
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?
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