No. 21-1357

James S. Tyler, III v. Darrel Vannoy, Warden

Lower Court: Louisiana
Docketed: 2022-04-18
Status: Denied
Type: Paid
Amici (1)
Tags: capital-defendant collateral-review criminal-procedure mccoy right-to-counsel sixth-amendment substantive-rule teague-bar
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Where a capital defendant objected to his attorney's concession of guilt, does the explicit text of the Sixth Amendment and longstanding right to counsel jurisprudence circumvent the Teague bar and require the application of McCoy to cases on collateral review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Where a capital defendant objected to his attorney’s concession of guilt, does the explicit text of the Sixth Amendment and longstanding right to counsel jurisprudence circumvent the Teague bar and require the application of McCoy to cases on collateral review? 2. Whether McCoy announced a substantive rule that should be applied retroactively to criminal defendants who were subjected to conviction without being afforded their constitutional right to counsel? 3. Whether the Griffith rather than Teague standard should apply to determine the retroactive application of McCoy, where initial review collateral claims are not final after direct review? ii STATEMENT OF RELATED CASES State v. Tyler, 2006-KP-2339 (La. 6/22/07), 959 So. 2d 487, cert. denied, Tyler v. Cain, 522 U.S. 1044 (2007). State v. Tyler, No. 175-282, slip op. (1st J.D.C. Aug. 11, 2006), writ denied, 2006-KP-2339 (La. 6/22/07), 959 So. 2d 487, cert. denied, Tyler v. Cain, 522 U.S. 1044 (2007). State v. Tyler, No. 175282, slip op. (1st J.D.C. Dec. 28, 2012), writ granted in part, denied in part, 2013-0913 (La. 11/22/2013), 129 So. 3d 1230. State v. Tyler, No. 175282, slip op. (1st J.D.C. Nov. 14, 2014), writs denied, 2015-0093 (La. 05/22/15), 171 So. 8d 922, 2013-0913 (La. 11/06/15), 181 So. 8d 678, cert. denied, Tyler v. Louisiana, 137 S.Ct. 589 (2016). State v. Tyler, No. 175-282, slip op. (1st J.D.C. Feb. 13, 2020), rehearing denied, No. 175-282, slip op. (1st J.D.C. May 15, 2020), writ denied, Tyler v. Vannoy, 2020-KP-0984 (La. 11/17/21), 327 So. 3d 507.

Docket Entries

2022-10-03
Petition DENIED.
2022-07-13
Reply of petitioner James S. Tyler, III filed. (Distributed)
2022-07-06
DISTRIBUTED for Conference of 9/28/2022.
2022-06-17
Brief of respondent Warden Darrel Vannoy, Louisiana State Penitentiary in opposition filed.
2022-05-18
Brief amicus curiae of Louisiana Association of Criminal Defense Lawyers (5/20/2022) filed.
2022-05-05
Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2022.
2022-05-04
Motion to extend the time to file a response from May 18, 2022 to June 17, 2022, submitted to The Clerk.
2022-04-14
Petition for a writ of certiorari filed. (Response due May 18, 2022)
2022-02-03
Application (21A391) granted by Justice Alito extending the time to file until April 16, 2022.
2022-02-01
Application (21A391) to extend the time to file a petition for a writ of certiorari from February 15, 2022 to April 16, 2022, submitted to Justice Alito.

Attorneys

James S. Tyler, III
William SothernLaw Office of William M. Sothern, Petitioner
Louisiana Association of Criminal Defense Lawyers
Edward K. Alexander Jr.Calcasieu Public Defenders Office, Amicus
Warden Darrel Vannoy Louisiana State Penitentiary
James Edward Stewart Sr.Office of the District Attorney, Caddo Parish, Respondent