No. 20-1686

Bobby Lee Hampton v. Darrel Vannoy, Warden

Lower Court: Louisiana
Docketed: 2021-06-04
Status: Denied
Type: Paid
Experienced Counsel
Tags: collateral-review constitutional-rule criminal-procedure due-process ineffective-assistance mccoy-v-louisiana retroactivity right-to-counsel teague-v-lane
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the exceptions to the Teague v. Lane rule for retroactive application of new constitutional rules of criminal procedure apply to the rule announced in McCoy v. Louisiana

Question Presented (OCR Extract)

QUESTION PRESENTED In 2018, this Court held in McCoy v. Louisiana, 138 S. Ct. 1500, that “a defendant has the right to insist that counsel refrain from admitting guilt even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty,” id. at 1505. Prior to this Court deciding McCoy, a Louisiana jury convicted petitioner Bobby Hampton following a trial in which Hampton’s lawyers admitted Hampton’s guilt, even though Hampton expressed to his lawyers his desire that they maintain his innocence. In the decision below, a Louisiana trial court denied Hampton post-conviction relief on the ground that McCoy did not apply retroactively on collateral review to cases, like Hampton’s, which had become final before this Court decided McCoy. The question presented in this petition is whether either of the exceptions to this Court’s general rule that “new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced,” Teague v. Lane, 489 U.S. 288, 310 (1989) (plurality op.), applies to McCoy. @

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-24
Reply of petitioner Bobby Lee Hampton filed. (Distributed)
2021-08-05
Brief of respondent Darrel Vannoy, Warden in opposition filed.
2021-06-16
Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021.
2021-06-15
Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
2021-05-07
Petition for a writ of certiorari filed. (Response due July 6, 2021)

Attorneys

Bobby Lee Hampton
Seth P. WaxmanWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Darrel Vannoy, Warden
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent