DueProcess
Whether Louisiana Revised Statute Annotated § 14:94(A) (1995) is unconstitutionally vague
QUESTIONS PRESENTED 1. Whether Louisiana Revised Statute Annotated § 14:94(A) (1995), barring the “iNegal use of a weapon,” is unconstitutionally vague under Johnson v. United States, 135 S. Ct. 2551 (2015), Sessions v. Dimaya, 138 8. Ct. 1202 (2018), and United States v. Davis, 139 S. Ct. 2319 (2019), where it criminalizes the intentional or negligent discharge of a firearm, when it is “foreseeable” to a reasonable adult, that said discharge “may cause death or serious bodily harm.” 2. Whether the Court of Appeal misapplied the harmless error portion of this Court’s holding in Cruz v. New York, 481 U.S. 186 (1987), with respect to hearsay statements of co-defendants that directly incriminated Mr. Newman, when the trial court never issued the standard limiting instruction as to those statements? a. In the alternative, whether Bruton v. United States, 391 U.S. 123 (1968) applies to non-testimonial statements in light of Crawford v. Washington, 541 U.S. 36 (2004). i