LAFAYETTE, La. (KLFY)— Last week, News 10 reported Carlos Toby’s conviction of conspiracy to commit second-degree murder in the 2018 death of Brandon Broussard was reversed.

Toby’s attorney Todd Clemons is now challenging why his client is still incarcerated after his conviction was reversed.

A writ of habeas corpus motion has been filed for Carlos Toby one week after the Louisiana third circuit court of appeals reversed his 2021 conviction of second degree murder. A writ of habeas corpus is used to bring someone before the court to determine if their imprisonment is lawful. Since Toby’s charges were reversed, it gave his attorney Todd Clemons the right to file. Toby is now able to get out of prison on bond after being incarcerated for over four years.

Clemons said, “We filed a writ of habeas corpus to force the warden of the correctional center to come to court and explain and justify why he was holding our client. When our client was under the sentence, he was lawfully being detained. Once the third circuit ruled, our opposition was that he no longer had the legal authority to hold Mr. Toby.”

Barbara Broussard, the mother of Brandon Broussard who Toby was accused of conspiring to commit the murder with his brother Shavis Toby back in 2018 says she was upset when she heard toby could be walking free but understands there are many steps to this situation.

Broussard said, “I am just trusting the process. I know that god is in control. I know that in the end we will get justice. It may not be the justice that we initially wanted, but our foundation has always been based on god. So he has the final say.”

Both sides believe the supreme court will rule in their favor.

Clemons said, “We are very very confident that we have the law on our side. We are very confident that we have the facts on our side.”

Broussard said, “We going to keep on fighting. We hope that in the end he does do the 25 years.”

News 10 has now learned district attorney Don Landry told News 10 his office has filed a motion with the 3rd district court of appeals to prevent Mr. Toby from being released.

It was granted until a hearing can be held over the motion.
We will continue to follow this story as more information on the supreme court’s final decision is made.