State of Louisiana Versus Roberto Lopez

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 App. 5 Cir. 8/29/24) (unpublished writ), a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

1
In that case, we specifically observed that Ms. Dupepe is “an expert in the field of forensic interviewing.”
2
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

2

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
301 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
200 Derbigny Street
Gretna, LA 70053