No. 22-81

Nathaniel Lambert v. Louisiana

Lower Court: Louisiana
Docketed: 2022-07-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: appellate-review constitutional-law criminal-procedure due-process griffith-standard jury-unanimity prejudice rehabilitation sentencing-delay
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-11-18 (distributed 2 times)
Question Presented (AI Summary)

What test applies to excessive sentencing delay claims under the Due Process Clause, including whether prejudice is required and what prejudice counts?

Question Presented (OCR Extract)

question presented, left open by this Court in Betterman v. Montana, 578 U.S. 437, 448 & n.12 (2016), is: What test applies to excessive sentencing delay claims under the Due Process Clause, including whether prejudice is required and what prejudice counts? 2. On remand from this Court, Louisiana courts recognized that petitioner’s conviction for aggravated burglary was imposed by a non-unanimous jury, but rejected relief under Ramos v. Louisiana, 140 S. Ct. 1390 (2020). That holding was based on the conclusion that a defendant’s conviction as to one count becomes “final as of defendant’s first appeal” even if that first appeal resulted in a remand on other counts. This outlier position requires defendants to petition this Court as to individual counts rather than wait for resolution of all counts, in contravention of this Court’s general policy against piecemeal review. The second question is: Whether, in a prosecution under a multi-count indictment on a common set of facts, the judgment becomes final for purposes of Griffith v. Kentucky, 479 U.S. 314 (1987), when all counts are resolved, or whether defendants on direct appeal are required to seek certiorari from each count when other counts remain unresolved? @)

Docket Entries

2022-11-21
Petition DENIED.
2022-11-07
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-19
2022-08-30
Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2022.
2022-08-29
Motion to extend the time to file a response from September 19, 2022 to October 19, 2022, submitted to The Clerk.
2022-08-19
Response Requested. (Due September 19, 2022)
2022-08-10
DISTRIBUTED for Conference of 9/28/2022.
2022-08-04
Waiver of right of respondent Louisiana to respond filed.
2022-07-25

Attorneys

Louisiana
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent
Nathaniel Lambert
Amir H. AliRoderick & Solange MacArthur Justice Center, Petitioner
Amir H. AliRoderick & Solange MacArthur Justice Center, Petitioner