No. 18-9767

LaShawn Johnson v. Randy L. White, Warden

Lower Court: Sixth Circuit
Docketed: 2019-06-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1.) Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process of a law.according to the Fifth, Sixth and 14th . Amendment? ; 2.) Should the alleged deadly weapon be charged in the indictment | for a conviction of Robbery in the first degree? 3.) Did the Appellant have a constitutional right to conduct his own defense at trial? ; 4.) Was the Petitioner entitled to a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent Randy White to respond filed.
2019-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2019)

Attorneys

Lashawn Johnson
Lashawn Johnson — Petitioner
Lashawn Johnson — Petitioner
Randy White
James C. ShackelfordKentucky Attorney General, Respondent
James C. ShackelfordKentucky Attorney General, Respondent