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Louisiana v. David H. Brown

Paid petition · Supreme Court of Louisiana, No. 2018-KA-01999 · judgment September 30, 2021


Certiorari denied · April 18, 2022
Pre-decision estimate: 3% cert probability

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

Questions presented

THIS IS A CAPITAL CASE

  1. Whether the Louisiana Supreme Court erred in vacating the three death sentences imposed on the respondent when the trial court granted respondent’s request to discharge his appointed attorneys after the guilt phase of a capital trial, and allowed him to represent himself during the ensuing penalty phase.

  2. Whether the Louisiana Supreme Court erred in extending the rule announced by this Honorable Court in McCoy v. Louisiana, infra, when it concluded that said rule authorizes a client to overrule trial counsel regarding tactical decisions such as determining what witnesses to call and the arguments to advance.

  3. Whether the Louisiana Supreme Court erred in determining that the trial court committed structural error in granting the defendant’s request to represent himself pursuant to Faretta v. California, infra.

Counsel of record

For petitioner
Joseph Sidney Soignet
Lafourche Parish District Attorney's Office

For respondent
Cecelia Trenticosta
The Capital Appeals Project

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 18 2022
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Apr 18 2022
    Petition DENIED.
  3. Mar 29 2022
    DISTRIBUTED for Conference of 4/14/2022.
  4. Mar 14 2022
    Brief of respondent David H. Brown in opposition filed.
  5. Mar 14 2022
    Motion for leave to proceed in forma pauperis filed by respondent David H. Brown.
  6. Dec 27 2021
    Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.
  7. Dec 23 2021
    Motion to extend the time to file a response from January 12, 2022 to March 14, 2022, submitted to The Clerk.
  8. Dec 09 2021
    Petition for a writ of certiorari filed. (Response due January 12, 2022)