Opinion

State of Louisiana v. Willie James Robertson

  • 172 So. 3d 616
  • 2015 La. LEXIS 1483
Court
Supreme Court of Louisiana
Filed
Jun 30, 2015
Status
Published
Author
Crichton
On the bench
Crichton
Cited by
5 cases
Authority
More cited than 11.7%

The opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

hln my view, in this circumstantial evidence case, it was incumbent upon the prosecution to present a medical doctor or forensic pathologist to opine as to the cause of death. The absence of such testimony led to the result here: a rational juror could not have found proof of guilt beyond a reasonable doubt. See State v. Mack, 2013-1311, p. 8 (La.5/7/14), 144 So.3d 983, 989 (quoting State v. Captville, 448 So.2d 676, 680 (La.1984)). Even though the medical examiner in this cold case was deceased, the prosecution could have retained a qualified expert to examine the autopsy report and Certificate of Death to provide testimony regarding, inter alia, the cause of death, the time of death, and the cause of other injuries on the decedent’s body, such that the overall evidence would exclude “every reasonable hypothesis of innocence.” La. R.S. 15:438. The prosecution’s failure to do so was fatal to its case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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