No. 20-5748

Dacarius Holliday v. Louisiana

Lower Court: Louisiana
Docketed: 2020-09-17
Status: Denied
Type: IFP
IFP
Tags: constitutional-error criminal-intent criminal-negligence due-process eighth-amendment jury-instructions jury-sentencing specific-intent standard-of-proof trial-court
Key Terms:
DueProcess FifthAmendment Punishment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Can convictions for crimes requiring specific intent create constitutional error where the trial court has ruled that the evidence supports criminal negligence?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Can convictions for crimes requiring specific intent create constitutional error where the trial court has ruled that the evidence supports criminal negligence? 2. Do Edwards v. Arizona and Davis v. United States require law enforcement to stop custodial interrogation and provide a suspect with counsel if a suspect makes an unequivocal request for counsel, even after the suspect’s original requests for counsel were limited or equivocal? 3. In a capital case where the jury determines sentencing, do the Eighth and Fourteenth Amendments require a juror to be willing to meaningfully consider nonstatutory mitigating circumstances? i OPINIONS BELOW The Louisiana Supreme Court opinion affirming Mr. Holliday’s conviction and death sentence is at State v. Holliday, 2017-01921 (La. 1/29/20),

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2021-01-04
Reply of petitioner Dacarius Holliday submitted.
2020-12-18
Brief of respondent Louisiana in opposition filed.
2020-10-09
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2020.
2020-10-08
Motion to extend the time to file a response from October 19, 2020 to December 18, 2020, submitted to The Clerk.
2020-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2020)

Attorneys

Dacarius Holliday
Cecelia TrenticostaThe Capital Appeals Project, Petitioner
Cecelia TrenticostaThe Capital Appeals Project, Petitioner
Louisiana
Stacy L. WrightEast Baton Rouge Parish District Attorney, Respondent
Stacy L. WrightEast Baton Rouge Parish District Attorney, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent