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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.16-9541
Op. BelowLa.

Issue

(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.

Proceedings & orders timeline

Jun 10, 2017
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2017)
Jul 13, 2017
Order extending time to file response to petition to and including August 14, 2017.
Aug 10, 2017
Order further extending time to file response to petition to and including September 5, 2017.
Sep 7, 2017
Order further extending time to file response to petition to and including September 11, 2017.
Sep 11, 2017
Brief of respondent Louisiana in opposition filed.
Sep 20, 2017
Reply of petitioner Jeffrey Clark filed.
Sep 28, 2017
DISTRIBUTED for Conference of 10/13/2017.
Oct 2, 2017
Letter of October 2, 2017, from counsel for petitioner received.
May 14, 2018
DISTRIBUTED for Conference of 5/17/2018.
May 21, 2018
DISTRIBUTED for Conference of 5/24/2018.
May 29, 2018
DISTRIBUTED for Conference of 5/31/2018.
Jun 4, 2018
DISTRIBUTED for Conference of 6/7/2018.
Jun 11, 2018
DISTRIBUTED for Conference of 6/14/2018.
Jun 18, 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 25, 2018
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of McCoy v. Louisiana, 584 U. S. ____ (2018).
Jul 27, 2018
JUDGMENT ISSUED.
Jul 27, 2018
MANDATE ISSUED.

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