No. 18-8074

Javonte T. Morgan v. Louisiana

Lower Court: Louisiana
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: challenge-for-cause civil-procedure civil-rights constitutional-law criminal-procedure due-process evidence fair-trial judicial-proceedings jury-selection peremptory-challenges standard-of-review standing sufficiency-of-evidence
Latest Conference: 2019-04-12
Question Presented (from Petition)

Did Louisiana Courts err in denying Javonte Morgan's right to a fair trial and subsequent review when rejecting claims involving Conflicting Decisions of this Honorable Court? The State Court erroneously interpreted the application of constitutional law causing material injustice and significantly affects the public interest. Louisiana Courts also grossly departed from proper judicial proceedings in this case abusing its powers in such ways causing this Court to exercise its authority.

Mr. Morgan contends, the Louisiana First Circuit Court of Appeals and State Supreme Court cited in upholding the convictions and sentences in this case. This error is in direct conflict with jurisprudence set by those Court and this Honorable Court.

The Courts have consistently held, prejudice is presumed when a district court erroneously denies a challenge for cause and the defendant ultimately exhausts his peremptory challenges. Jurisprudence further mandates that when a district court's erroneous ruling depriving a defendant of a peremptory challenge substantially violates that defendant's right, it constitutes reversible error.

Question Presented (AI Summary)

Whether the lower court erred in denying the petitioner's challenge for cause and finding the evidence sufficient to support the conviction

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-21
Waiver of right of respondent Louisiana to respond filed.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Javonte T. Morgan
Javonte T. Morgan — Petitioner
Louisiana
Terri Russo LacyDistrict Attorney for the 18th Judicial District Court, Respondent