No. 21-543

Mark Anthony Spell v. Louisiana

Lower Court: Louisiana
Docketed: 2021-10-13
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights criminal-procedure criminal-prosecution due-process misdemeanor sixth-amendment speeding-ticket statute-of-limitations
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Does the Sixth Amendment permit the prosecution of a misdemeanor speeding ticket after the lapse of more than twenty years if there is no evidence the Defendant absconded from the jurisdiction, or the State took steps to prosecute?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case presents the following questions: 1. Does the Sixth Amendment permit the prosecution of a misdemeanor speeding ticket after the lapse of more than twenty years if there is no evidence the Defendant absconded from the jurisdiction, or the State took steps to prosecute? 2. Does Fifth and Fourteenth Amendment Due Process allow a state to hold and prosecute a routine misdemeanor in perpetuity if the State statute allows such a circumstance? ii RELATED CASES City of Zachary v. Mark Anthony Spell, No. 99-0672, City Court of Zachary. Judgment entered Aug. 5, 2020 State of Louisiana v. Mark Anthony Spell, No. 2020 KW 0867, Louisiana Court of Appeal, First Circuit. Judgment entered Feb. 18, 2021 State of Louisiana v. Mark Anthony Spell, No. 2021-KK-00403, Louisiana Supreme Court. Judgment entered May 11, 2021

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-02
Waiver of right of respondent Louisiana to respond filed.
2021-10-08
Petition for a writ of certiorari filed. (Response due November 12, 2021)

Attorneys

Louisiana
David A ConachenProsecutor, City of Zachary, Respondent
David A ConachenProsecutor, City of Zachary, Respondent
Mark Anthony Spell
Jeffrey Scott Wittenbrink — Petitioner
Jeffrey Scott Wittenbrink — Petitioner