No. 19-5989

Errol Victor, Sr. v. Louisiana

Lower Court: Louisiana
Docketed: 2019-09-18
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: 13th-amendment 14th-amendment civil-rights constitutional-provision direct-review due-process equal-protection fourteenth-amendment jury-trial jury-unanimity retroactivity state-constitutional-law thirteenth-amendment verdict-retroactivity
Key Terms:
DueProcess FirstAmendment FourthAmendment
Latest Conference: 2020-04-24 (distributed 3 times)
Question Presented (AI Summary)

Whether it denies defendant's Fourteenth and Thirteenth Amendment Rights while on direct review not to retroactively vacate a non-unanimous jury verdict, when a state constitutional provision becomes effective requiring unanimous jury verdicts for conviction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : 1. Whether it denies defendant's Fouxteenth and Thirteenth Amendment Rights while on direct review not to retroactively vacate a non-unanimous jury verdict, when a state constitutional provision becomes effective requiring unanimos jury verdicts for conviction? . 2. Yhetier it denies pro se defendant Sixth Amendment Right to a speedy trial and right to counsel of choice, when defendant is incarcerated over 120 days and denied self representation without a Faretta Hearing? ; 3. Whether it denied the Fourteenth Amendment and First Amendment Right to Freedom of Religion to force pro se incarcerated defendants by restraints to appear and participate in trial; on defendant's “Holy Sabbath Day” Saturday, a non-regular court date, without the aid of counsel? ; Whether it is a nullity, Obstruction of Justice and a denial of a fair hearing when judgesEn Banc subject to an unresolved Recusal Motion deliberately have proceedings prior to Recusal Motion? 5. | Whether it violates defendant's Fourteenth Amendment Right, when Clerk of Court violates allottment Rules of the Court to allow Judge-Shopping? i. 6. Whether it is a denial of the Sixth Amendment Rights, when incarcerated, Pro Se defendants are denied a defense Expert Witness on the very day of trial? 7. Whether it denies defendant Fourteenth and Nineth Amendment Rights reserved to the : people, when the defendant's challenge to the State and Court's “status” and “jurisdiction” remains unresolved by hearing before commencement of trial? 8. Whether it is inherently unfair and in bad faith and denial of the Fifth and Fourteenth Amendment, to supply two-opposite theories of prosecution simultaneously driven by Gender discim mative Motives. 9. Whether it denied defendant's Fourth and Eighth Amendments, Defendant's husband and wife, arrested three separate times, same case, circumstances, material evidence, third arrest no warrant, judgment of forfeiture or previous bonds revoked. Six bonds totalling 4 million dollars unreturned and non-reinstated, illegal seizure and excessive bonds and fines. Vv.

Docket Entries

2020-08-24
Rehearing DENIED.
2020-07-30
DISTRIBUTED.
2020-05-29
JUDGMENT ISSUED.
2020-05-29
MANDATE ISSUED.
2020-05-20
Petition for Rehearing filed.
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. Justice Thomas would deny the petition for a writ of certiorari.
2020-04-20
DISTRIBUTED for Conference of 4/24/2020.
2020-03-23
Reply of petitioner Errol Victor, Sr. filed. (Distributed)
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-02-24
Brief of respondent Louisiana in opposition filed.
2020-02-03
Motion to extend the time to file a response is granted and the time is further extended to and including February 24, 2020.
2020-01-31
Motion to extend the time to file a response from February 10, 2020 to February 24, 2020, submitted to The Clerk.
2019-12-13
Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2020.
2019-12-10
Motion to extend the time to file a response from December 12, 2019 to February 10, 2020, submitted to The Clerk.
2019-11-12
Response Requested. (Due December 12, 2019)
2019-11-08
Supplemental brief of petitioner Errol Victor, Sr. filed.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-25
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner Errol Victor, Sr.
2019-10-23
Waiver of right of respondent Louisiana to respond filed.
2019-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2019)

Attorneys

Errol Victor, Sr.
Claiborne Wood BrownClaiborne W. Brown, LLC, Petitioner
Claiborne Wood BrownClaiborne W. Brown, LLC, Petitioner
Errol Victor Sr. — Petitioner
Errol Victor Sr. — Petitioner
Louisiana
Michelle Ward GhettiAttorney General, State of Louisiana, Respondent
Michelle Ward GhettiAttorney General, State of Louisiana, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent