No. 20-5536

Joseph Scott McKinney v. Louisiana

Lower Court: Louisiana
Docketed: 2020-08-31
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: confrontation-clause confrontation-rights criminal-defense due-process evidence evidence-exclusion rape-shield rape-shield-law sixth-amendment
Key Terms:
Takings DueProcess HabeasCorpus
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Whether Louisiana's Rape Shield law and the lower courts' rulings contravened the defendant's Sixth Amendment confrontation right and due process at trial

Question Presented (OCR Extract)

QUESTION PRESENTED The Constitution guarantees a criminal defendant’s meaningful opportunity to present a complete defense. As of now, the Court has not directly addressed whether a traditional Rape Shield statute violates the defendant’s right to present a defense. In Michigan v. Lucas, the Court noted that Rape Shield statutes implicate the Sixth Amendment to the extent that it prevents the defense from presenting evidence. Though permitting exclusion of evidence on a case by case basis, the Court held such exclusions must not be arbitrary or disproportionate to legitimate state interests. As such, the question presented to the Court is whether Louisiana’s Rape Shield law and the lower courts’ rulings contravened McKinney’s Sixth Amendment confrontation right preventing his due process at trial? i

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-29
Waiver of right of respondent Louisiana to respond filed.
2020-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2020)

Attorneys

Joseph McKinney
Andre Robert BelangerManasseh, Gill, Knipe & Belanger, Petitioner
Andre Robert BelangerManasseh, Gill, Knipe & Belanger, Petitioner
Louisiana
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent