STATE OF LOUISIANA NO. 25-K-44 VERSUS FIFTH CIRCUIT ROBERTO LOPEZ COURT OF APPEAL STATE OF LOUISIANA

February 04, 2025 Susan Buchholz Chief Deputy Clerk

IN RE STATE OF LOUISIANA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 21-5762

Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and John J. Molaison, Jr.

WRIT GRANTED The State seeks review of the trial court’s denial of its motion to have an expert witness testify at trial.

In State v. Lopez, 24-406 (La. App. 5 Cir. 8/29/24) (unpublished writ), a panel of this Court opined, “If the State seeks to offer the testimony of Ms. [Erika] Dupepe regarding forensic interviews in general and how they are conducted, it must first qualify her as an expert in forensic interviews.” The State has presently tendered Ms. Dupepe as an expert in forensic interviewing. Ms. Dupepe was previously admitted for this purpose by the Twenty-Fourth Judicial District Court.

See State v. Melgar, 19-540 (La. App. 5 Cir. 4/30/20), 296 So.3d 1107, 1111, writ not considered, 20-1199 (La. 3/9/21), 312 So.3d 267.1 After a Daubert2 hearing, the trial court determined that while Ms. Dupepe is an expert in forensic interviewing, she could not testify in this case because she was unfamiliar with Florida interview protocols, techniques, and required certifications.

The objective of Daubert's gatekeeping requirement is to ensure the reliability and relevancy of expert testimony by making sure that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes an

In that case, we specifically observed that Ms. Dupepe is “an expert in the field of forensic interviewing.”

Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

25-K-44 expert's practice in the relevant field. See Kumho Tire Company, Ltd. v. Carmichael, 526 U.S. 137, 152, 119 S.Ct. 1167, 1176, 143 L.Ed.2d 238 (1999).

The record before us shows that the State intends to call for Ms. Dupepe to establish the general techniques of conducting the forensic interview of a child, including the concepts of rapport building, alternative questioning, open-ended prompts, narrative prompts, script and episodic memory, developmentally appropriate approach, and best practices. Ms. Dupepe explained that national standards regulate forensic interviews, which she knows well. We find that the State has met its burden under La. C.E. art. 702(A)(1)-(4) demonstrating that Ms. Dupepe’s specialized knowledge and imminent qualifications will help the jury understand the general concepts of forensic interviewing. We note that the respondent will have the opportunity to cross-examine Ms. Dupepe at trial regarding her qualifications to opine about a Florida forensic interview.

Upon finding that the trial court abused its discretion by excluding Ms. Dupepe as an expert in forensic interviewing, we grant the State’s writ application, reverse the trial court’s ruling, and find that Ms. Dupepe is qualified as an expert in forensic interviewing. We further lift the stay order by this court’s February 3, 2025 order. This matter is remanded for further proceedings.

Gretna, Louisiana, this 4th day of February, 2025.

JJM MEJ SJW

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 02/04/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

25-K-44 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Darren A. Allemand (Relator) Thomas J. Butler (Relator) Mark D. Plaisance (Respondent) MAILED Remy V. Starns (Respondent) P. Lindsey Williams (Respondent) Marcus J. Plaisance (Respondent) Attorney at Law Christen E. DeNicholas (Respondent) Attorney at Law Main Street Attorneys at Law Post Office Box 1123 Suite 700 848 Second Street Prairieville, LA 70769 Baton Rouge, LA 70825 Gretna, LA 70053 Honorable Paul D. Connick, Jr. (Relator) District Attorney Twenty-Fourth Judicial District Derbigny Street Gretna, LA 70053