No. 18-5999

Joe Litton Bailey v. Louisiana

Lower Court: Louisiana
Docketed: 2018-09-14
Status: Denied
Type: IFP
IFP
Tags: criminal-conviction criminal-procedure due-process evidence habitual-offender jury-trial reasonable-doubt sentencing-enhancement sufficiency-of-evidence
Key Terms:
DueProcess Punishment
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Was the evidence presented to the jury sufficient to convict Bailey beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; 1) In this case, the responding police officer failed to preserve the alleged crime scene. There are no photos of the vehicle, the broken window, or of any : blood inside of the vehicle. In fact, the State did not present any physical evidence to establish the charged offense ever happened. Was the evidence presented to the jury in this case sufficient to convict Bailey beyond a reasonable doubt? 2) A six person jury found Bailey guilty of simply burglary. The State filed a habitual offender bill of information alleging Bailey to be a third felony offender. During the hearing, the State used information that was not presented to the jury. In the end, the trial court found Bailey to be a third felony otfender and imposed a sentence life imprisonment without benefits. ls Bailey's sentence unconstitutionally excessive? il

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Joe Litton Bailey
Joe Litton Bailey — Petitioner