Third Circuit Reverses Conviction

On July 3, 2021, a Lafayette jury wrongfully convicted our client Carlos Anthony Toby. They reached the proper verdict of Not Guilty on the Second-Degree Murder charge. However, they erroneously convicted him of Conspiracy to Commit Second-Degree Murder. Fortunately, the Third Circuit Court of Appeal provided long delayed justice. The Court reversed Mr. Toby’s conviction and vacated the twenty-five (25) year sentence that was imposed a year ago.

As was explained to the jury during the trial, the State had a theory of a conspiracy between my client and his brother, but no evidence to substantiate it. There simply was no evidence that my client conspired with anyone to kill Brandon Broussard. The Third Circuit opinion properly concluded, “The critical question is whether the current conviction is based upon permissible inference or impermissible speculation. Based on the record before us, we find that Defendant's conviction is based on impermissible speculation and due process requires reversal. This decision renders Defendant's other assignments of error moot.”

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