Punishment Privacy
Whether the Louisiana Supreme Court erred in vacating the three death sentences
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.