No. 20-7718

Deidre Antoinette Pierre v. Louisiana

Lower Court: Louisiana
Docketed: 2021-04-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adolescent-brain-science constitutional-rights cruel-punishment eighth-amendment life-without-parole miller-mandate rs-15-574-4-d sentencing-discretion
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether the Eighth Amendment prohibits excessive or cruel punishment

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the Eighth Amendment to the United States Constitution and Article I, Section 20, of the Louisiana Constitution prohibits the imposition of excessive or cruel punishment in light of the retroactivity of the Miller mandate concerning this twenty three year old in light of recent developments of adolescent brain science and R.S. 15:574.4 D? 2. Whether it is truly constitutional for petitioner to spend the rest of her days in prison without ever having had the opportunity to challenge why her trial judge chose the irrevocability sentence of life without parole over the hope of freedom after 20, 25, or 30 years when the law, after all, granted the trial judge the discretion to impose these lower sentences when counsel fails to present evidence on his clients behalf at sentencing? 3. Whether lower courts erred in denying petitioner’s motion to correct illegal sentences and enhancement when Counsel failed to present mitigating evidence on her behalf and then Honorable Judge failed to articulate any reasons for sentences and enhancement imposed violated petitioner’s Fifth, Eighth, Sixth, and Fourteenth Amendment to the Louisiana and United States Constitution in light of Miller, Montgomery, Harris, Dorothy, Mosby, Sepulvado, Esteen, Atkins? 4. Whether petitioner’s rights under the Fifth, Eighth, Sixth, and Fourteenth Amendment to the Louisiana and United States Constitutions were violated ‘in light of ambiguities concerning the Miller mandate, Atkins, and Montgomery, Harris, Dorothy, Mosby, Sepulvado, Esteen, C.Cr. P. Art. 883, and R.S. 15:529.1 ? . 5. Whether the lower courts determination to deny relief to a twenty three year old runs afoul of the Eighth Amendment right to the Constitution?

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-12
Waiver of right of respondent Louisiana to respond filed.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2021)

Attorneys

Deidre A. Pierre
Deidre Antoinette Pierre — Petitioner
Deidre Antoinette Pierre — Petitioner
Louisiana
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent