Bobby Y. Wallace, Jr. v. Darrel Vannoy, Warden
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Could reasonable jurists debate whether the state court decision to affirm Petitioner's sentence is contrary to or an unreasonable application of the 'gross disproportionality' standard applicable to non-categorical Eighth Amendment claims?
QUESTIONS PRESENTED The Supreme Court of Louisiana has a demonstrable, decadeslong history of substituting in word and deed a “no evidence” standard for the “insufficient evidence” standard of Jackson v. Virginia, 443 U.S. 307 (1979). (1) Could reasonable jurists debate whether this pattern may justify concluding that, whatever the words in a particular case, the state courts are using a standard that is “contrary to” or an “unreasonable application of’ Jackson? Petitioner received a mandatory life-without-parole sentence as a third offender for constructive simple possession of one ounce of cocaine, while his co-defendants (including two other third offenders) received probation, time served, and a term of years. (2) Could reasonable jurists debate whether the state court decision to affirm Petitioner's sentence is contrary to or an unreasonable application of the “gross disproportionality” standard applicable to non-categorical Eighth Amendment claims? (3) Whether the Court of Appeals' misapplication of the standard for issuing a certificate of appealability warrants an exercise of this Court's supervisory power by a GVR. i