Clark v. Louisiana
Petition granted, judgment vacated and case remanded for further consideration in light of McCoy v. Louisiana on June 25, 2018.
Docket No. |
Op. Below | Argument |
Opinion |
Vote |
Author |
Term |
16-9541 |
La. |
N/A |
N/A |
N/A |
N/A |
OT 2017 |
Issues: (1) Whether the Louisiana Supreme Court erred in upholding the petitioner’s death sentence when the jury made only one of the two statutory required jury findings beyond a reasonable doubt; (2) whether standards of decency have evolved to render the execution of a defendant prosecuted as a principal to first degree murder unconstitutional when, as the state conceded, jurors could not know who inflicted the blows that caused the victim’s death; (3) whether testimony establishing communications between a deputy monitoring the trial and an alternate juror in front of other jurors about the trial constitutes sufficient evidence to be presumptively prejudicial; and (4) whether the Louisiana Supreme Court’s rule, which requires an indigent defendant to accept his trial counsel’s decision to concede his guilt of second degree murder over his express objections or represent himself, vitiates the voluntariness of the petitioner’s waiver of counsel.