No. 18-9821

Robert Lee Heard, Jr. v. Louisiana

Lower Court: Louisiana
Docketed: 2019-06-27
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: Apodaca-v-Oregon criminal-conviction criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-jury-verdict nonunanimous-verdict sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2020-04-24 (distributed 3 times)
Question Presented (AI Summary)

Does the right to a jury trial guaranteed by the Sixth Amendment allow a state-court criminal conviction to stand on a nonunanimous jury verdict?

Question Presented (OCR Extract)

Question Presented* Does the right to a jury trial guaranteed by the Sixth Amendment, as applied to the States through the Fourteenth Amendment, allow a state-court criminal conviction to stand on a nonunanimous jury verdict? *NOTE: On March 18, 2019, this Court granted certiorari to review this precise issue in Evangelisto Ramos v. Louisiana, No. 18-5924. -i Petition for Certiorari Robert Lee Heard, Jr., petitions for a writ of certiorari to review the judgment entered below by Louisiana Third Circuit Court of Appeal in State v. Heard, 18-236 (La. App. 3 Cir. 11/7/16) (unpublished), writ denied, 18-K-2013 (La. 4/29/19), 251 So. 3d 1087. Opinions Below The unpublished opinion of the Louisiana Third Circuit Court of Appeal is appended to this Petition at Al. The Louisiana Supreme Court’s order and judgment denying discretionary review is reported at 18-K-2013 (La. 4/29/19), 268 So. 3d 1029 and is appended at A14. Jurisdiction The Louisiana Supreme Court denied review on April 29, 2019. This Petition is filed with 30 days of that ruling. Accordingly, this Court has jurisdiction to review the judgment below. SUP. CT. R. 13(1); 28 U.S.C. § 1257. Authorities Involved The Sixth Amendment to the United States Constitution provides, in relevant part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial The Fourteenth Amendment to the United States Constitution provides, in relevant part: “{Nor shall any State deprive any person of life, liberty, or property, without due process of law.” -| Section 17(A) of Article I of the Louisiana Constitution (now repealed) provided, in relevant part: “A case in which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve persons, ten of whom must concur to render a verdict.” Article 782 of the Louisiana Code of Criminal Procedure (now repealed) provided, in relevant part: “Cases in which the punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict.”

Docket Entries

2020-05-29
MANDATE ISSUED.
2020-05-29
JUDGMENT ISSUED.
2020-04-27
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Ramos</i> v. <i>Louisiana</i>, 590 U. S. ___ (2020). Justice Alito, concurring in the decision to grant, vacate, and remand: In this and in all other cases in which the Court grants, vacates, and remands in light of <i>Ramos</i> v. <i>Louisiana</i>, I concur in the judgment on the understanding that the Court is not deciding or expressing a view on whether the question was properly raised below but is instead leaving that question to be decided on remand.
2020-04-20
DISTRIBUTED for Conference of 4/24/2020.
2019-11-27
DISTRIBUTED for Conference of 12/13/2019.
2019-11-08
Brief of respondent State of Louisiana in opposition filed.
2019-08-23
Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2019.
2019-08-15
Motion to extend the time to file a response from September 13, 2019 to November 12, 2019, submitted to The Clerk.
2019-08-14
Response Requested. (Due September 13, 2019)
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-26
Waiver of right of respondent State of Louisiana to respond filed.
2019-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Robert Heard
Christopher Albert Aberle Jr.Louisiana Appellate Project, Petitioner
Christopher Albert Aberle Jr.Louisiana Appellate Project, Petitioner
State of Louisiana
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent