No. 24-7252

Issa L. Lamizana, Jr. v. Louisiana

Lower Court: Louisiana
Docketed: 2025-05-20
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (6)IFP
Tags: confrontation-clause due-process fourteenth-amendment jury-verdict ramos-unanimity sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2025-11-21 (distributed 6 times)
Question Presented (AI Summary)

Whether a non-unanimous verdict can be sustained under Ramos v. Louisiana when the record is silent on jury vote unanimity and what burden of proof applies

Question Presented (OCR Extract)

1. In a challeng e under Ramos v. Louisiana 590 U.S. 83, 140 S. Ct. 1390, 206 L. Ed. 2d 583 (2020), where the record is silent as to the votes on the verdicts, how must the unanimity of the verdict be proved to sustain the conviction? Is the lack of any evidence in the record as to unanimity of the verdict an anomaly or departure that prohibits the presumption of regularity ? Does the State have the burden of proving the verdicts were unanimous to sustain the convictions? 2. Where the uncontroverted defense evidence shows that the verdicts were not unanimous and the per curiam acknowledg es that there was nothing in the record to show the verdicts were unanimous, did the L ouisiana Court of Appeal and a majority of the L ouisiana Supreme Court err in allowing Issa Lamizana’s convictio ns to stand on less than a unanimous verdict, contrary to Ramos v. Louisiana and in violation of due process of the F ifth and F ourteenth Amendments? 3. In a trial based solely on the words of the complainants, were the defendant’s Six th and Fourteenth Amendments rights to confrontation and to a defense violated when the trial court prevented the child protection investig ator from testify ing, and prevented the defense from using newly discovered agency records, to impeach and rebut the State’s witnesses’ testimony , contrary to Davis v. Alaska, 415 U.S. 308, 94 S. Ct. 1105, 39 L. Ed. 2d 347 (1974)? Was the defendant denied his right to a defense as held in Chambers v. Mississippi , 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973); Crane v. Kentucky , 476 U.S. 683, 90 L. Ed. 2d 636, 106 S. Ct. 2142 (1986); and Pennsylvania v. Ritchie , 480 U.S. 39 (1987)? Where the State’s case was based solely on the veracity of the claimants, was the ex clusion of impeachment, bias and motive evidence harmless? -i

Docket Entries

2025-12-29
Record returned to Criminal District Court Orleans Parish (1 envelope).
2025-11-24
Petition DENIED.
2025-11-17
DISTRIBUTED for Conference of 11/21/2025.
2025-11-10
Rescheduled.
2025-11-10
DISTRIBUTED for Conference of 11/14/2025.
2025-11-03
Rescheduled.
2025-11-03
DISTRIBUTED for Conference of 11/7/2025.
2025-10-14
Rescheduled.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-25
Docket listing and Exhibits received from Criminal District Court Orleans Parish (1 envelope).
2025-09-15
Electronic record received from the Court of Appeal of Louisiana, Fourth Circuit.
2025-09-08
Record Requested.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-13
Brief of respondent Louisiana in opposition filed.
2025-08-13
Brief of Louisiana in opposition submitted.
2025-07-22
Motion to extend the time to file a response is granted and the time is further extended to and including August 13, 2025.
2025-07-19
Motion to extend the time to file a response from July 30, 2025 to August 13, 2025, submitted to The Clerk.
2025-07-19
Motion of Louisiana for an extension of time submitted.
2025-06-18
Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2025.
2025-06-17
Motion to extend the time to file a response from June 30, 2025 to July 30, 2025, submitted to The Clerk.
2025-06-17
Motion of Louisiana for an extension of time submitted.
2025-05-29
Response Requested. (Due June 30, 2025)
2025-05-28
DISTRIBUTED for Conference of 6/12/2025.
2025-05-21
Waiver of right of respondent Louisiana to respond filed.
2025-05-21
Waiver of Louisiana of right to respond submitted.
2025-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2025)

Attorneys

Issa Lamizana
Sherry Watters — Petitioner
Sherry Watters — Petitioner
Louisiana
Bradley Michael ScottOrleans Parish District Attorney, Respondent
Bradley Michael ScottOrleans Parish District Attorney, Respondent
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent