Joseph Scott McKinney v. Louisiana
Takings DueProcess HabeasCorpus
Whether Louisiana's Rape Shield law and the lower courts' rulings contravened the defendant's Sixth Amendment confrontation right and due process at trial
QUESTION PRESENTED The Constitution guarantees a criminal defendant’s meaningful opportunity to present a complete defense. As of now, the Court has not directly addressed whether a traditional Rape Shield statute violates the defendant’s right to present a defense. In Michigan v. Lucas, the Court noted that Rape Shield statutes implicate the Sixth Amendment to the extent that it prevents the defense from presenting evidence. Though permitting exclusion of evidence on a case by case basis, the Court held such exclusions must not be arbitrary or disproportionate to legitimate state interests. As such, the question presented to the Court is whether Louisiana’s Rape Shield law and the lower courts’ rulings contravened McKinney’s Sixth Amendment confrontation right preventing his due process at trial? i