No. 21-5551

Floyd Flugence v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-law criminal-procedure due-process intent jury-evidence louisiana second-degree-murder specific-intent sufficiency-of-evidence
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-10-29
Question Presented (AI Summary)

Whether the evidence was sufficient to support the finding of guilt in accordance with La. B.S. 14:30.1 (Second Degree Murder) where there was no specific intent to kill?

Question Presented (OCR Extract)

QUESTIONS) PRESENTED 1. Whether the evidence was sufficient to support the finding of guilt in accordance with La. B.S. 14:30.1 (Second Degree Murder) where there was no specific intent to kill? : 2. Was there a constructive denial of Petitioner's right to present. a defense? 3. Did the trial court create manifest error by: , : (a) allowing the jury (during deliberations} to review a videotape? (b) —s madifying the video to slow motion? 7 4, Tn playing the video in slow motion, did the jury review a different form ofthe events with a different time frame of the events? 7 5. Whether the Petitioner's 6" and 14% Amendments to the United States Constitution were violated in the use of La. C.OrF Art. 413(B)? &. Is La. C.CrP. Art. 413(B) in violation of the United States Constitution? ; 7. Whether Counsel was ineffective in violation of the 6" Amendment te the United States Constitution? 8. Dud Petitioner suffer a Due Process violation in the lengthy delays? : 9. Is an indictment sufficient when if fails to allege the elements of fhe crime? 10. Can a Defendant present a proper defense when the indichnent fails to give notification of the alleged crime? oo isrowrartes [ ] All parties appear im the caption of the case on the cover page. [X] All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-10-01
Waiver of right of respondent Darrel Vannoy to respond filed.
2021-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Darrel Vannoy
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent
Floyd Flugence
Floyd Flugence — Petitioner