No. 21-6693

Joey Rogers v. Louisiana

Lower Court: Louisiana
Docketed: 2021-12-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (8)IFP
Tags: constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competence plea-bargaining plea-coercion sentencing sixth-amendment
Key Terms:
DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-06-23 (distributed 8 times)
Question Presented (AI Summary)

Were the Due Process rights of Joey Rogers ignored?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.Were the Due Process rights of Joey Rogers ignored by the Louisiana Courts when they maintained a plea made by the vulnerable, illiterate, hearing impaired, eighteen year old with an IQ of 63 and no experience with the judicial system, who was totally reliant on appointed, unprepared and overwhelmed counsel who admitted her incompetence and acknowledged using misrepresentation of facts and intimidation to coerce his plea? Was it error for Louisiana Courts to deny the motion to withdraw a guilty plea that was premised upon the violation of fundamental Constitutional rights of the mentally challenged defendant, thereby denying him justice, fairness and effective assistance of counsel on a plea that was not knowingly and voluntarily entered? 2. The incompetence and ineffectiveness of counsel who procured Joey Rogers’ plea surpasses the defects in representation previously addressed by the Court! and casts a shadow on the efficacy of all appointed counsel. Where a defendant who is incompetent to assist counsel is represented by counsel who is incompetent to assist him because she had not met with him for two years, was unfamiliar with the State’s evidence, did not know that there was substantial exculpatory evidence, and did not move to suppress the State’s only evidence, are Joey Rogers’ Sixth and Fourteenth Amendments right to counsel violated where his counsel then pressured him to plead guilty so that she could avoid trial? 3. Were the Petitioner’s Due Process rights to a fair proceeding honored where the Louisiana courts let stand the State’s violation of a plea agreement that increased the minimum sentence by twenty years and his counsel admittedly provided ineffective counsel under Sixth Amendment standards by failing to object to the violation? 'See

Docket Entries

2022-07-05
Record returned to Iberia Parish, Louisiana (1 box).
2022-06-27
Petition DENIED.
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-06-13
Rescheduled.
2022-06-13
DISTRIBUTED for Conference of 6/16/2022.
2022-06-06
Rescheduled.
2022-06-06
DISTRIBUTED for Conference of 6/9/2022.
2022-05-31
Rescheduled.
2022-05-31
DISTRIBUTED for Conference of 6/2/2022.
2022-05-23
Rescheduled.
2022-05-23
DISTRIBUTED for Conference of 5/26/2022.
2022-05-16
Rescheduled.
2022-05-04
DISTRIBUTED for Conference of 5/19/2022.
2022-05-02
Record received from Iberia Parish, Louisiana (1 box).
2022-04-25
Record received from the Court of Appeal of Louisiana, Third Circuit. The record is electronic.
2022-04-22
Record Requested.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-03-25
Brief of respondent Louisiana in opposition filed.
2022-02-10
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2022.
2022-02-09
Motion to extend the time to file a response from February 23, 2022 to March 25, 2022, submitted to The Clerk.
2022-01-24
Response Requested. (Due February 23, 2022)
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-13
Waiver of right of respondent Louisiana to respond filed.
2021-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2022)

Attorneys

Joey Rogers
Sherry WattersLouisiana Appellate Project, Petitioner
State of Louisiana
John Taylor GrayLouisiana Department of Justice, Respondent