Boyer v. Louisiana (11-9953)
argument 11-9953Boyer v. Louisiana
Supreme Court of the United States
58 min
7 speakers
8 chapters
transcribed 5 days ago
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What is the central dispute over funding and counsel in Boyer v. Louisiana?
We'll hear argument next this morning in case 119953, Boyer v. Louisiana.
Mr. Bork. Mr. Chief Justice, and may it please the Court, the Louisiana Court of Appeal in this case correctly found that the majority of the delay, the seven-year delay, was caused by the lack of funding. But when moving to assess that cause under Barker, incorrectly determined that it was a cause beyond the control of the State and adopting its earlier ruling under the State statute found that it was a cause beyond the control of the State in the sense that it was beyond the control of the local district attorney's
office. Mr. Bork, was it within the control of your client? He was unable to fund himself, Your Honor. That is why he asked for the appointment. Was he unable to get his Sixth Amendment right to a speedy trial?
Yes. Why? That is, he was unable to move forward to trial because he was not provided with counsel adequately funded to advance the trial. He had one
counsel, right,
during the whole time? In fact, in a sense, Your Honor, he had two counsel.
For part of it, he had two, and then there was not enough funding for the second, okay? So he was faced with a choice. Louisiana, as I understand it, has adopted a provision — which the Sixth Amendment does not require. The Sixth Amendment just requires counsel, but Louisiana says in capital cases, we're going to provide two counsel, and you can't go to trial until you have two counsel, okay?
No, Your Honor, that is not correct. That is not the state of Louisiana law. What is
the state of Louisiana law?
Louisiana absolutely does not provide a right to two counsel in capital cases. The Louisiana Supreme Court, in Rule 31- provided that the Court should appoint two counsel, but also provided expressly that that created no procedural or substantive right. Similarly, there is no right
— I don't understand that. That's not Louisiana law, that you can't proceed without two counsel? That's not the law in Louisiana? I thought that's —
That is not the law in Louisiana.
I — Supreme Court.
You don't
consider Supreme Court rules to be law? It is a Supreme Court rule which directs the trial judge to appoint two counsel. However, it
makes it
clear —
Is it the fact that in Louisiana you cannot proceed to trial in a capital case unless there are two counsel? No, Your Honor.
That is not the state of the court. Then you don't have a case. You should have proceeded to trial. No, Your Honor. In this case, as the Court of Appeal correctly found — Mr. Boyer did not have adequate funding for the case to go to trial. The Court of Appeal did not predicate that on the need for two counsel. The motion to determine source of funds was not predicated
on- The one counsel who was qualified, what was his name?
Mr.
Lorenzi was lead- He was the only one at the time who was qualified to be lead counsel. Correct. And the Louisiana Supreme Court said- You don't have to do this. You're his attorney, but you have a right to be paid, and the state has to pay you. So there was no obligation on the counsel's part to do anything, and he kept asking, please have a funding order. Let me be paid, and I'll do my
job. Mr. Lorenzi declined to pay for Mr. Boyer's defense out of his own pocket.
Wasn't there at all times one counsel who was being paid by the state?
There was at all times one council appointed as associate council. That is for the purpose of assisting Mr. Lorenzo's lead council.
Was that council qualified enough under our constitutional Sixth Amendment jurisprudence?
Well, I don't understand the Sixth Amendment jurisprudence to place a qualification minimum. So I'm not sure I'm understanding your question. Well, the
question is, would only lead counsel under the Supreme Court's rule qualify as competent counsel for purposes of complying with the constitutional requirement? Or would this certified second chair qualify?
There is no, I'm having trouble answering the question, Justice Gillia, because The two things don't talk to each other. The Sixth Amendment doesn't impose a certification requirement.
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Chapters
8 chapters
1
What is the central dispute over funding and counsel in Boyer v. Louisiana?
0:01–6:53
2
How does the Court interpret Louisiana’s rule on appointing two capital‑case counsels?
6:53–14:30
3
Why does the defense argue that the Sixth Amendment right to a speedy trial was violated?
14:30–22:33
4
What role does the Barker v. Wingo framework play in assessing the delay?
22:33–30:04
5
How do the parties differentiate between negligent and deliberate funding failures?
30:04–37:04
6
What evidence is presented about the availability (or lack) of funding for investigations and experts?
37:04–44:07
7
Why do the Justices debate whether the State or the defense should bear responsibility for the delay?
44:07–50:24
8
What are the final arguments and proposed outcomes for the Supreme Court’s decision?
50:24–58:41