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Bobby Lee Hampton v. Darrel Vannoy, Warden

Paid petition · Supreme Court of Louisiana, No. 2020-KD-00390 · judgment December 8, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In 2018, this Court held in McCoy v. Louisiana, 138 S. Ct. 1500, that “a defendant has the right to insist that counsel refrain from admitting guilt even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty,” id. at 1505. Prior to this Court deciding McCoy, a Louisiana jury convicted petitioner Bobby Hampton following a trial in which Hampton’s lawyers admitted Hampton’s guilt, even though Hampton expressed to his lawyers his desire that they maintain his innocence. In the decision below, a Louisiana trial court denied Hampton post-conviction relief on the ground that McCoy did not apply retroactively on collateral review to cases, like Hampton’s, which had become final before this Court decided McCoy. The question presented in this petition is whether either of the exceptions to this Court’s general rule that “new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced,” Teague v. Lane, 489 U.S. 288, 310 (1989) (plurality op.), applies to McCoy.

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Shae Gary McPhee Jr.
Louisiana Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 24 2021
    Reply of petitioner Bobby Lee Hampton filed. (Distributed)
  4. Aug 05 2021
    Brief of respondent Darrel Vannoy, Warden in opposition filed.
  5. Jun 16 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021.
  6. Jun 15 2021
    Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
  7. May 07 2021
    Petition for a writ of certiorari filed. (Response due July 6, 2021)