No. 19-6679

Horatio Johnson v. Louisiana

Lower Court: Louisiana
Docketed: 2019-11-19
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: criminal-procedure due-process fourteenth-amendment jury-trial nonunanimous-verdict sixth-amendment state-court state-criminal-procedure
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, as applied to the States through the Fourteenth Amendment, allow a state-court criminal conviction to stand on a nonunanimous jury verdict?

Question Presented (from Petition)

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 October 7, 2019, this Court heard oral argument on this precise issue in Evangelisto Ramos v. Louisiana, No. 18-5924. -i Petition for Certiorari Horatio Johnson petitions for a writ of certiorari to review the judgment entered below by Louisiana Fourth Circuit Court of Appeal in State v. Johnson, 18-0409 (La. App. 4 Cir. 3/13/19), 266 So. 3d 969, writ denied, 19-K-0601 (La. 10/01/19), So.3d___. Opinions Below The published opinion of the Louisiana Fourth Circuit Court of Appeal is reported at 18-0409 (La. App. 4 Cir. 3/13/19), 266 So. 3d 969 and is appended to this Petition at Al. The Louisiana Supreme Court’s order and judgment denying discretionary review is reported 19-K-0601 (La. 10/01/19), So. 3d__ and is appended at A28. Jurisdiction The Louisiana Supreme Court denied review on October 1, 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 -| Section 17(A) of Article I of the Louisiana Constitution (now repealed) provided, in relevant part: “A case in which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve persons, ten of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.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-12
Reply of petitioner Horatio Johnson filed.
2020-03-11
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 extended to and including March 11, 2020.
2020-01-30
Motion to extend the time to file a response from February 10, 2020 to March 11, 2020, submitted to The Clerk.
2020-01-10
Response Requested. (Due February 10, 2020)
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-18
Waiver of right of respondent Louisiana to respond filed.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2019)

Attorneys

Horatio Johnson
Christopher Albert AberleLouisiana Appellate Project, Petitioner
Christopher Albert AberleLouisiana Appellate Project, 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