No. 18-5218

Allen Robertson, Jr. v. Louisiana

Lower Court: Louisiana
Docketed: 2018-07-12
Status: Denied
Type: IFP
IFP
Tags: atkins-v-virginia criminal-behavior death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment hall-v-florida intellectual-disability jury-misconduct moore-v-texas racial-bias sixth-amendment
Key Terms:
DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Louisiana state courts improperly considered Petitioner's criminal behavior in determining that he is not intellectually disabled, in violation of the Eighth Amendment and SCOTUS precedents

Question Presented (OCR Extract)

QUESTIONS PRESENTED IL Whether it violates the Eighth Amendment and this Court’s decisions in Moore v. Texas, 137 S. Ct. 1039 (2017), Hall v. Florida, 134 S. Ct. 1986 (2014), and Atkins | v. Virginia, 536 U.S. 304 (2002) where the Louisiana state courts relied on evidence of Petitioner’s criminal behavior, contrary to the standards of the medical community, in determining that Petitioner Allen Robertson is not intellectually disabled? I. Whether it violates the Sixth Amendment and this Court’s decision in PenaRodriguez v. Colorado, 137 S. Ct. 855 (2017), where a member of the jury that convicted Petitioner and sentenced him to death stated that “[mJurders and stuff, it’s all done by them niggers,” and where the Louisiana state courts denied ; _ Petitioner’s racial bias claim without comment? Petitioner Allen Robertson respectfully requests that this Court issue a writ of certiorari to review the decision of the Louisiana Supreme Court.

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-29
Reply of petitioner Allen Robertson, Jr. filed. (Distributed)
2018-08-13
Brief of respondent Louisiana in opposition filed.
2018-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2018)

Attorneys

Allen Robertson, Jr.
Matilde Jean CarbiaCapital Post-Conviction Project of Louisiana (CPCPL), Petitioner
Matilde Jean CarbiaCapital Post-Conviction Project of Louisiana (CPCPL), Petitioner
Louisiana
Dylan C. AlgeEast Baton Rouge District Attorney's Office, Respondent
Dylan C. AlgeEast Baton Rouge District Attorney's Office, Respondent