Supreme Court of the United States · Official docket →
James S. Tyler, III v. Darrel Vannoy, Warden
Paid petition · Supreme Court of Louisiana, No. 2020-KP-00984 · judgment November 17, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Where a capital defendant objected to his attorney’s concession of guilt, does the explicit text of the Sixth Amendment and longstanding right to counsel jurisprudence circumvent the Teague bar and require the application of McCoy to cases on collateral review?
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Whether McCoy announced a substantive rule that should be applied retroactively to criminal defendants who were subjected to conviction without being afforded their constitutional right to counsel?
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Whether the Griffith rather than Teague standard should apply to determine the retroactive application of McCoy, where initial review collateral claims are not final after direct review?
Counsel of record
For petitioner
William Sothern
Law Office of William M. Sothern
For respondent
James Edward Stewart Sr.
Office of the District Attorney, Caddo Parish
Proceedings
- Oct 03 2022Petition DENIED.
- Jul 13 2022Reply of petitioner James S. Tyler, III filed. (Distributed)
- Jul 06 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 17 2022Brief of respondent Warden Darrel Vannoy, Louisiana State Penitentiary in opposition filed.
- May 18 2022Amicus brief of Louisiana Association of Criminal Defense Lawyers not accepted for filing.(Corrected version to be submitted) (May 20, 2022)
- May 18 2022Brief amicus curiae of Louisiana Association of Criminal Defense Lawyers (5/20/2022) filed.
- May 05 2022Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2022.
- May 04 2022Motion to extend the time to file a response from May 18, 2022 to June 17, 2022, submitted to The Clerk.
- Apr 14 2022Petition for a writ of certiorari filed. (Response due May 18, 2022)
- Mar 29 2022Application of James Tyler for a further extension of time not accepted for filing. (March 31, 2022)
- Feb 03 2022Application (21A391) granted by Justice Alito extending the time to file until April 16, 2022.
- Feb 01 2022Application (21A391) to extend the time to file a petition for a writ of certiorari from February 15, 2022 to April 16, 2022, submitted to Justice Alito.