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Supreme Court of the United States No. 16-8255 IN THE Supreme Court of the United States ROBERT MCCOY, Petitioner, v. LOUISIANA, Respondent. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF LOUISIANA JOINT APPENDIX VOLUME II OF II (JA432-JA760) JOHN MICHAEL LAWRENCE SETH P. WAXMAN Counsel of Record Counsel of Record OFFICE OF THE DISTRICT WILMER CUTLER PICKERING ATTORNEY HALE AND DORR LLP 204 Burt Boulevard 1875 Pennsylvania Ave., NW P.O. Box 69 Washington, DC 20006 Benton, LA 71006 (202) 663-6000 (318) 965-2332 [email protected] [email protected] PETITION FOR CERTIORARI FILED MARCH 6, 2017 CERTIORARI GRANTED SEPTEMBER 28, 2017 TABLE OF CONTENTS VOLUME I Page Docket/Chronological Listing for the Louisiana Supreme Court, Case No. 14-KA-1449 ..................... 1 Opinion of the Louisiana Supreme Court, dated October 19, 2016 .......................................................... 31 Competency/Sanity Evaluation by Dr. Mark P. Vigen, Ph.D., dated October 2, 2008 ...................... 210 Affidavit re Notice of Intent to Offer Alibi, filed January 4, 2010 [R70-74] ................................ 227 Introduction of Documents, filed January 8, 2010 [R75-76] ............................................................. 232 Motion for Speedy Trial, filed January 13, 2010 [R77-78] ...................................................................... 234 Response to Prosecutors Prior Motion to Quash Defendants Affidavits, etc. Burden Met in Admissible Facts, etc., filed January 15, 2010 [R79-83] ....................................................... 236 Letter (Criminal), filed January 22, 2010 [R97- 104] ............................................................................. 239 Letter (Criminal), filed January 25, 2010 [R105- 112] ............................................................................. 245 Memorandum of Law, filed February 2, 2010 [R113-122] .................................................................. 251 Letter (Criminal), filed February 17, 2010 [R123-125] .................................................................. 259 Request and Motion for Discovery, filed March 1, 2010 [R136-137] ..................................................... 261 ii TABLE OF CONTENTS–Continued Page Documents Brief to be Entered into the Record and Numbered, filed March 3, 2010 [R139- 141] ............................................................................. 263 Grounds for Dismissal of All Charges, filed March 3, 2010 [R142-143] ........................................ 265 Motion for Continuance, filed March 3, 2010 [R144-145] .................................................................. 267 Notice of Intent to Apply for Supervisory Writs, filed March 8, 2010 [R148] ........................... 269 Motion in Limine as to (1) Taped Statements of Spartacus McCoy and (2) All Prior Bad Acts of Robert McCoy, filed November 16, 2010 [R351] ................................................................ 270 Defendant Supplemental Motion for Discovery, filed November 16, 2010 [R355] ............................. 272 Order on Defendant’s Motion in Limine, Grant- ing as to (1) Taped Statements of Spartacus McCoy and Denying as to (2) All Prior Bad Acts of Robert McCoy, filed November 16, 2010 [R358] ................................................................ 274 Order of the Louisiana Court of Appeal, Second Circuit, Denying Application for Supervi- sory Writ, filed January 6, 2011 [R418] ................ 275 Order of the Louisiana Court of Appeal, Second Circuit, Staying Proceedings Below Pend- ing a Forthcoming Order, filed February 2, 2011 [R441] ................................................................ 277 iii TABLE OF CONTENTS–Continued Page Order of the Louisiana Court of Appeal, Second Circuit, Granting Writ, Lifting Stay, and Remanding with Instructions, filed Febru- ary 3, 2011 [R446-448] .............................................. 278 Defendant’s Mitigation Statement, filed August 5, 2011 [R681] ............................................................ 283 Declaration of Larry English, received into ev- idence as Exhibit A at Hearing on Motion for New Trial, held January 23, 2012 [R723- 727] ............................................................................. 284 Letter to Judge Cox from Mr. and Mrs. Robert McCoy, Sr., received into evidence as Ex- hibit C at Hearing on Motion for New Tri- al, held January 23, 2012 [R729] ............................. 291 Excerpt of November 14, 2008 Transcript re Sanity Hearing [R1348-1350] ................................. 293 Excerpt of January 12, 2010 Transcript re Mo- tion to Quash Subpoenas [R1366-1375] ................. 296 Excerpt of February 11, 2010 Transcript re Motion to Quash Subpoenas [R1382-1398] ........... 308 Excerpt of March 3, 2010 Transcript re Motion for Continuance [R1423-1426] ................................ 328 Excerpt of April 23, 2010 Transcript re Motion for Continuance [R1434-1438] ................................ 332 Excerpt of November 16, 2010 Transcript re Motion in Limine and Supplemental Motion for Discovery [R1447-1453] .................................... 338 Excerpt of January 4, 2011 Transcript re Mo- tion in Limine and Placing of Jury Excuses on the Record [R1471-1483] .................................... 346 iv TABLE OF CONTENTS–Continued Page Excerpt of January 24, 2011 Transcript re Mo- tion for Continuance [R1537-1580] ........................ 360 Excerpt of February 3, 2011 Transcript re Mo- tion to Appoint Additional Counsel [R1583- 1612] ........................................................................... 402 VOLUME II Excerpt of July 12, 2011 Transcript re Motion for Discovery and Motion to Quash Sub- poenas [R1615-1629] ................................................ 432 Excerpts of July 26, 2011 Transcript re Motion Hearing [R1657-1677, 1680-1682, 1684-1690] ......... 449 Excerpt of August 1, 2011 Transcript re Voir Dire [R2940-2942] ..................................................... 483 Excerpt of August 2, 2011 Transcript re Voir Dire [R3198-3201] ..................................................... 487 Excerpts of August 3, 2011 Transcript re Guilt Phase of Trial [R3254-3275, 3291, 3297, 3308-3310, 3367-3368, 3384-3387, 3402-3403, 3408-3420, 3422-3425, 3434-3437, 3441-3447] ........ 492 Excerpts of August 4, 2011 Transcript re Guilt Phase of Trial [R3448-3513, 3517-3534, 3548-3551] .................................................................. 562 Excerpts of August 5, 2011 Transcript re Sen- tencing Phase of Trial [R3586-3591, 3595- 3610, 3634-3690, 3696-3697, 3714-3723, 3730] .......... 660 432 EXCERPT OF JULY 12, 2011 TRANSCRIPT RE MOTION FOR DISCOVERY AND MOTION TO QUASH SUBPOENAS IN THE TWENTY-SIXTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF BOSSIER STATE OF LOUISIANA STATE OF LOUISIANA VERSUS NUMBER: 163,573 ROBERT LEROY MCCOY, II EVIDENCE ADDUCED AT HEARING in the above entitled and numbered cause, before Your Hon- or, Jeff Cox, Judge, of the Twenty- Sixth Judicial Dis- trict Court in and for the Parish of Bossier, State of Louisiana, on the 12th day of July, 2011, at Benton, Bossier Parish, Louisiana. APPEARANCES: MR. SCHUYLER MARVIN BOSSIER PARISH DISTRICT ATTORNEY P. O. BOX 69 BENTON, LOUISIANA 71006 COUNSEL FOR THE PLAINTIFF MR. LARRY ENGLISH 433 415 TEXAS STREET, SUITE 320 SHREVEPORT, LOUISIANA 71101 COUNSEL FOR THE DEFENDANT REPORTED AND TRANSCRIBED BY: MARLENE R. ENDERS CERTIFIED DIGITAL COURT REPORTER BOSSIER PARISH COURTHOUSE P. O. BOX 310 BENTON, LOUISIANA 71006 TUESDAY, JULY 12, 2011 MOTION FOR DISCOVERY AND MOTION TO QUASH SUBPOENAS THE COURT: Mr. Marvin, are you ready? MR. MARVIN: Yes, sir, we’re ready. THE COURT: All right, Mr. English, are you ready? MR. ENGLISH: I’m ready -- we’re ready, Your Honor. THE COURT: All right. COURT REPORTER: 434 Your Honor, I need the case too, please. THE COURT: And, Mr. McCoy, if you’ll rise and state your name for the record, please. MR. MCCOY: My name is Robert McCoy, I stay at -- THE COURT: And your address, please? MR. MCCOY: -- 7323 Altus Loop, Shreveport, Louisiana, sir. THE COURT: All right, thank you, sir. MR. MARVIN: Your Honor, this is docket number one-six-three- five-seven-two (163,752). There are two motions that I believe are set for today. One is a motion to quash some proper person subpoenas filed by Mr. McCoy and the other is a motion -- the state’s motion for discovery that required a response by the defense -- I would -- I would ask that we take the discovery motion up first. I understand Mr. English is just going to respond to that on the record and I think that’s all that’s required. MR. ENGLISH: Your Honor, I received a motion from the state on producing any alibi. We have no alibi evidence in this case, Your Honor, to respond to the state with. THE COURT: All right. 435 MR. MARVIN: And that’s sufficient for our motion, Your Honor. And the next motion is the motion to quash proper per- son subpoenas. Your Honor, Mr. McCoy requested -- I don’t remember exactly the number, several subpoenas that in our opinion would be simply meant to either de- lay or harass the people sought to be subpoenaed. There was a judge, an FBI agent, I think there was a justice of the peace, we have no intention of calling any of those people for any reason for the state. And we would just submit -- and also the clerk of court here had responded to Mr. McCoy that -- that his requests were not in proper form, some of them didn’t contain proper addresses, and things like that. And the Federal Bu- reau of Investigation responded to
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