No. 21-871

Louisiana v. David H. Brown

Lower Court: Louisiana
Docketed: 2021-12-13
Status: Denied
Type: Paid
Tags: capital-case death-penalty faretta-right faretta-v-california mccoy-v-louisiana self-representation structural-error trial-counsel
Key Terms:
Punishment Privacy
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether the Louisiana Supreme Court erred in vacating the three death sentences

Question Presented (OCR Extract)

QUESTIONS PRESENTED THIS IS A CAPITAL CASE 1. Whether the Louisiana Supreme Court erred in vacating the three death sentences imposed on the respondent when the trial court granted respondent’s request to discharge his appointed attorneys after the guilt phase of a capital trial, and allowed him to represent himself during the ensuing penalty phase. 2. Whether the Louisiana Supreme Court erred in extending the rule announced by this Honorable Court in McCoy v. Louisiana, infra, when it concluded that said rule authorizes a client to overrule trial counsel regarding tactical decisions such as determining what witnesses to call and the arguments to advance. 3. Whether the Louisiana Supreme Court erred in determining that the trial court committed structural error in granting the defendant’s request to represent himself pursuant to Faretta v. California, infra. ii RELATED CASES State of Louisiana v. David H. Brown, No. 520401, 17th Judicial District Court for the Parish of Lafourche, State of Louisiana. Defendant convicted October 30, 2016, capital sentence recommended November 1, 2016, death penalty imposed June 22, 2018. State of Louisiana v. David H. Brown, No. 2018-KA1999, Louisiana Supreme Court. Judgment entered September 30, 2021.

Docket Entries

2022-04-18
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2022-04-18
Petition DENIED.
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-03-14
Brief of respondent David H. Brown in opposition filed.
2022-03-14
Motion for leave to proceed in forma pauperis filed by respondent David H. Brown.
2021-12-27
Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.
2021-12-23
Motion to extend the time to file a response from January 12, 2022 to March 14, 2022, submitted to The Clerk.
2021-12-09
Petition for a writ of certiorari filed. (Response due January 12, 2022)

Attorneys

David H. Brown
Cecelia TrenticostaThe Capital Appeals Project, Respondent
Cecelia TrenticostaThe Capital Appeals Project, Respondent
State of Louisiana
Joseph Sidney SoignetLafourche Parish District Attorney's Office, Petitioner
Joseph Sidney SoignetLafourche Parish District Attorney's Office, Petitioner