No. 20-5610

Eric J. Brown v. Louisiana

Lower Court: Louisiana
Docketed: 2020-09-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-procedure direct-appeal jury-unanimity juvenile-offenders retroactivity sentencing
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-02-19 (distributed 2 times)
Question Presented (AI Summary)

Whether a defendant whose conviction was final before Ramos v. Louisiana, but who is still on direct appeal from resentencing, is entitled to the benefit of the Ramos rule

Question Presented (OCR Extract)

Question Presented Under Griffith v. Kentucky, new rules apply to all defendants whose cases are “pending on direct review or not yet final.” Petitioner was convicted in 1996 by a nonunanimous jury—contrary to this Court’s recent decision in Ramos v. Louisiana—for a crime he committed when he was 16 years old, but in 2018, his life sentence was vacated. As Petitioner is still on direct appeal from resentencing, is he entitled to the benefit of the holding in Ramos? -i

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Reply of petitioner Eric J. Brown filed. (Distributed)
2021-01-15
Brief of respondent Louisiana in opposition filed. (Distributed)
2020-11-09
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2021.
2020-11-06
Motion to extend the time to file a response from November 16, 2020 to January 15, 2021, submitted to The Clerk.
2020-10-16
Response Requested. (Due November 16, 2020)
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-10-07
Waiver of right of respondent Louisiana to respond filed.
2020-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2020)

Attorneys

Eric J. Brown
Christopher Albert AberleLouisiana Appellate Project, Petitioner
Louisiana
Elizabeth Baker MurrillOffice of the Attorney General, Respondent