DOCSLIB.ORG

Pet. Appendix A

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Pet. Appendix A Neutral As of: January 15, 2020 4:55 PM Z State v. Clark Supreme Court of Louisiana June 28, 2019, Decided No. 2012-KA-0508 Reporter 2019 La. LEXIS 1618 *; 2012-0508 (La. 06/28/19);; 2019 WL 2750865 STATE OF LOUISIANA VERSUS JEFFREY CLARK Case Summary Overview Notice: THIS DECISION IS NOT FINAL UNTIL ISSUE: Whether the Louisiana Supreme Court's rule— EXPIRATION OF THE FOURTEEN DAY REHEARING that an indigent defendant must accept his trial PERIOD. counsel's decision to concede his guilt of second degree murder over his express objections or represent himself—vitiated the voluntariness of defendant's waiver of counsel. HOLDINGS: [1]-There was no violation of defendant's secured autonomy under U.S. Const. Subsequent History: Rehearing denied by State v. amend. VI because the record showed that defendant Clark, 278 So. 3d 364, 2019 La. LEXIS 1932 (La., Sept. and counsel were aligned in their strategy to deny 6, 2019) involvement in a murder while admitting participation in an attempt to escape and the record did not reflect an intractable disagreement about the fundamental objective of the representation. Defendant offered Prior History: [*1] ON REMAND FROM THE UNITED several reasons for his decision to assume the mantle of STATES SUPREME COURT. lead counsel, and was thoroughly and correctly advised by the district court, before the court permitted Clark v. Louisiana, 138 S. Ct. 2671, 201 L. Ed. 2d 1066, defendant a hybrid representation. 2018 U.S. LEXIS 3953 (U.S., June 25, 2018) Disposition: AFFIRMED. Outcome Judgment affirmed. Core Terms guilt, concede, sentence, district court, first trial, self- LexisNexis® Headnotes representation, reasons, murder, first degree murder, death sentence, Sixth Amendment, appointed, innocence, hybrid, admit Constitutional Law > ... > Fundamental Pet. App. 1a Page 2 of 7 2019 La. LEXIS 1618, *1 Rights > Criminal Process > Assistance of Counsel The choice is not all or nothing: To gain assistance, a defendant need not surrender control entirely to Criminal Law & Procedure > Counsel > Right to counsel. For U.S. Const. amend. VI, in granting to an Self-Representation accused personally the right to make his defense, speaks of the assistance of counsel, and an assistant, HN1[ ] Criminal Process, Assistance of Counsel however expert, is still an assistant. Trial management is a lawyer's province: Counsel provides his or her The violation of a defendant's secured autonomy under assistance by making decisions such as what U.S. Const. amend. VI is a structural error that is not arguments to pursue, what evidentiary objections to subject to harmless-error review. raise, and what agreements to conclude regarding the admission of evidence. Some decisions, however, are reserved for the client—notably, whether to plead guilty, Constitutional Law > ... > Fundamental waive the right to a jury trial, testify in one's own behalf, Rights > Criminal Process > Assistance of Counsel and forgo an appeal. Autonomy to decide that the objective of the defense is to assert innocence belongs Criminal Law & Procedure > Counsel > Right to in this latter category. Just as a defendant may Counsel steadfastly refuse to plead guilty in the face of overwhelming evidence against her, or reject the Criminal Law & Procedure > Counsel > Right to assistance of legal counsel despite the defendant's own Self-Representation inexperience and lack of professional qualifications, so may she insist on maintaining her innocence at the guilt Criminal Law & Procedure > Counsel > Waiver phase of a capital trial. These are not strategic choices about how best to achieve a client's objectives; they are HN2[ ] Criminal Process, Assistance of Counsel choices about what the client's objectives in fact are. U.S. Const. amend. VI guarantees to each criminal defendant the assistance of counsel for his defence. At Criminal Law & Procedure > Counsel > Right to common law, self-representation was the norm. As the Counsel laws of England and the American Colonies developed, providing for a right to counsel in criminal cases, self- Criminal Law & Procedure > Counsel > Effective representation remained common and the right to Assistance of Counsel > Trials proceed without counsel was recognized. Even now, when most defendants choose to be represented by Criminal Law & Procedure > Counsel > Right to counsel, an accused may insist upon representing Self-Representation herself—however counterproductive that course may be. The right to defend is personal, and a defendant's HN4[ ] Counsel, Right to Counsel choice in exercising that right must be honored out of that respect for the individual which is the lifeblood of A capital defendant might not share in his counsel's the law. objective of avoiding the death penalty; instead, an accused may prefer not to admit that he killed family members, or may hold life in prison not worth living and Constitutional Law > ... > Fundamental prefer to risk death for any hope, however small, of Rights > Criminal Process > Assistance of Counsel exoneration. Thus, when a client expressly asserts that the objective of his defense is to maintain innocence of Criminal Law & Procedure > Counsel > Right to the charged criminal acts, his lawyer must abide by that Counsel objective and may not override it by conceding guilt. Still, trial management is the lawyer's province: Counsel Criminal Law & Procedure > Counsel > Right to provides his or her assistance by making such decisions Self-Representation as what arguments to pursue, what evidentiary objections to raise, and what agreements to conclude Criminal Law & Procedure > Counsel > Waiver regarding the admission of evidence. HN3[ ] Criminal Process, Assistance of Counsel Pet. App. 2a Page 3 of 7 2019 La. LEXIS 1618, *1 Criminal Law & Procedure > Counsel > Effective Appellant's first trial ended in a mistrial after opening Assistance of Counsel statements in the guilt phase because the prosecution informed the jury that appellant was already serving a Criminal Law & Procedure > Counsel > Right to life sentence.2 Following his second trial, appellant was Self-Representation found guilty of first degree murder and sentenced to death. Appellant's conviction and sentence were Criminal Law & Procedure > Counsel > Right to affirmed on appeal.3 Counsel The United States Supreme Court granted certiorari to HN5[ ] Counsel, Effective Assistance of Counsel remand for further consideration in light of McCoy v. Louisiana, 584 U.S. , 138 S.Ct. 1500, 1507 [Pg 2], 200 Presented with express statements of a client's will to L.Ed.2d 821 (2018).4 With the benefit of additional maintain innocence, counsel may not steer the ship the briefing and oral argument, and after further other way. consideration, we again affirm appellant's conviction and sentence for the reasons that follow, in addition to the reasons stated previously in State v. Clark, 12-0508 (La. Criminal Law & Procedure > Counsel > Effective 12/19/16), 220 So.3d 583. Assistance of Counsel In McCoy v. Louisiana, 584 U.S. , 138 S.Ct. 1500, 200 Criminal Law & Procedure > Counsel > Right to L.Ed.2d 821 (2018), the United States Supreme Court Counsel determined that HN1[ ] the violation of the defendant's Sixth Amendment-secured autonomy was a structural Criminal Law & Procedure > Counsel > Right to error that is not [*2] subject to harmless-error review. Self-Representation Thus, the Supreme Court found that this court had erred in affirming McCoy's three first degree murder HN6[ ] Counsel, Effective Assistance of Counsel convictions and death sentences because the trial court did not permit McCoy to replace his retained counsel on Counsel may not admit her client's guilt of a charged the eve of trial, and McCoy's trial counsel conceded that crime over the client's intransigent objection to that McCoy murdered his victims despite the fact that McCoy admission. "vociferously insisted that he did not engage in the charged acts and adamantly objected to any admission of guilt." Id., 138 S.Ct. at 1505. In determining that a structural error had occurred in McCoy, the Supreme Court explained: Opinion HN2[ ] The Sixth Amendment guarantees to each criminal defendant "the Assistance of Counsel for his defence." At common law, self-representation PER CURIAM* was the norm. See Faretta v. California, 422 U.S. 806, 823, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975) After his second trial, appellant Jeffrey Clark was found (citing 1 F. Pollock & F. Maitland, The History of guilty of the first degree murder of Captain David English Law 211 (2d ed. 1909)). As the laws of Knapps, which was committed on December 28, 1999, England and the American Colonies developed, during a failed attempt to escape from the Louisiana providing for a right to counsel in criminal cases, State Penitentiary at Angola, where appellant was self-representation remained common and the right 1 serving a life sentence for first degree murder. to proceed without counsel was recognized. * Retired Judge Hillary Crain appointed as Justice ad hoc, 2 State v. Clark, 10-1676 (La. 7/17/10), 39 So.3d 594. sitting for Crichton, J., recused. 3 State v. Clark, 12-0508 (La. 12/19/16), 220 So.3d 583. 1 State v. Clark, 492 So.2d 862 (La. 1986) (affirming appellant's conviction for the first degree murder of Andrew 4 Clark v. Louisiana, 138 S. Ct. 2671, 201 L.Ed.2d 1066 Cheswick but vacating the sentence of death). (2018) (Mem). Pet. App. 3a Page 4 of 7 2019 La. LEXIS 1618, *2 Faretta, 422 U.S., at 824-828, 95 S.Ct. 2525. Even inexperience and lack of professional qualifications, now, when most defendants choose to be so may she insist on maintaining her innocence at represented by counsel, see, e.g., Goldschmidt & the guilt phase of a capital trial. These are not Stemen, Patterns and Trends in Federal Pro Se strategic choices about how best to achieve a Defense, 1996-2011: An Exploratory Study, 8 Fed.
Load more

Recommended publications
  • Union Calendar No. 481 104Th Congress, 2D Session – – – – – – – – – – – – House Report 104–879
    1 Union Calendar No. 481 104th Congress, 2d Session ± ± ± ± ± ± ± ± ± ± ± ± House Report 104±879 REPORT ON THE ACTIVITIES OF THE COMMITTEE ON THE JUDICIARY OF THE HOUSE OF REPRESENTATIVES DURING THE ONE HUNDRED FOURTH CONGRESS PURSUANT TO CLAUSE 1(d) RULE XI OF THE RULES OF THE HOUSE OF REPRESENTATIVES JANUARY 2, 1997.ÐCommitted to the Committee of the Whole House on the State of the Union and ordered to be printed U.S. GOVERNMENT PRINTING OFFICE 36±501 WASHINGTON : 1997 COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTH CONGRESS HENRY J. HYDE, Illinois, Chairman 1 CARLOS J. MOORHEAD, California JOHN CONYERS, JR., Michigan F. JAMES SENSENBRENNER, JR., PATRICIA SCHROEDER, Colorado Wisconsin BARNEY FRANK, Massachusetts BILL MCCOLLUM, Florida CHARLES E. SCHUMER, New York GEORGE W. GEKAS, Pennsylvania HOWARD L. BERMAN, California HOWARD COBLE, North Carolina RICH BOUCHER, Virginia LAMAR SMITH, Texas JOHN BRYANT, Texas STEVEN SCHIFF, New Mexico JACK REED, Rhode Island ELTON GALLEGLY, California JERROLD NADLER, New York CHARLES T. CANADY, Florida ROBERT C. SCOTT, Virginia BOB INGLIS, South Carolina MELVIN L. WATT, North Carolina BOB GOODLATTE, Virginia XAVIER BECERRA, California STEPHEN E. BUYER, Indiana JOSEÂ E. SERRANO, New York 2 MARTIN R. HOKE, Ohio ZOE LOFGREN, California SONNY BONO, California SHEILA JACKSON LEE, Texas FRED HEINEMAN, North Carolina MAXINE WATERS, California 3 ED BRYANT, Tennessee STEVE CHABOT, Ohio MICHAEL PATRICK FLANAGAN, Illinois BOB BARR, Georgia ALAN F. COFFEY, JR., General Counsel/Staff Director JULIAN EPSTEIN, Minority Staff Director 1 Henry J. Hyde, Illinois, elected to the Committee as Chairman pursuant to House Resolution 11, approved by the House January 5 (legislative day of January 4), 1995.
    [Show full text]
  • No Jury Rigging in the Court of Appeals for the Seventh Circuit: an Analysis of Jury Testimony to Impeach Jury Verdicts
    SEVENTH CIRCUIT REVIEW Volume 4, Issue 2 Spring 2009 NO JURY RIGGING IN THE COURT OF APPEALS FOR THE SEVENTH CIRCUIT: AN ANALYSIS OF JURY TESTIMONY TO IMPEACH JURY VERDICTS ∗ BRIAN W. REIDY Cite as: Brian W. Reidy, No Jury Rigging in the Court of Appeals for the Seventh Circuit: An Analysis of Jury Testimony to Impeach Jury Verdicts, 4 SEVENTH CIRCUIT REV. 428 (2009), at http://www.kentlaw.edu/7cr/v4-2/reidy.pdf. I. INTRODUCTION Following the conclusion of a federal jury trial, a unique tension exists between the notion of a “fair verdict” and the American legal system’s historical veneration of private jury deliberations. When a litigant alleges that a fair trial was denied after jury deliberations have concluded, the resolution of this allegation directly conflicts with the systemic interest in verdict finality. Few would deny that a losing litigant deserves a new trial if the jury’s verdict was tainted by something external to the protections of the courtroom.1 Conversely, it is well-recognized that, unlike fine wine, steaks, and cheese, lawsuits do not improve with age because as time passes, memories fade, ∗ J.D. candidate, May 2009, Chicago-Kent College of Law, Illinois Institute of Technology. Special thank you to both my wife, Lizzie—I am nothing without you—and to my son, Owen—you inspire me every day. I love you both more than you will ever know! 1 James W. Diehm, Impeachment of Jury Verdicts: Tanner v. United States and Beyond, 65 ST. JOHN’S L. REV. 389, 403 (1991) (noting that external influences would include: threats against jurors, outside or erroneous information provided to jurors, or other improper influences).
    [Show full text]
  • Jury Misconduct in Texas: Trying the Trier of Fact
    SMU Law Review Volume 34 Issue 5 Article 3 1980 Jury Misconduct in Texas: Trying the Trier of Fact David E. Keltner Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation David E. Keltner, Jury Misconduct in Texas: Trying the Trier of Fact, 34 SW L.J. 1131 (1980) https://scholar.smu.edu/smulr/vol34/iss5/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. JURY MISCONDUCT IN TEXAS: TRYING THE TRIER OF FACT by David E.Kellner* T HE problem of jury misconduct has plagued attorneys since the adoption of the Magna Carta. Since that time practitioners, concerned that verdicts be reached fairly, have attacked the outcomes of jury trials on the grounds that the jurors violated their oaths and instructions. In ad- dressing jury misconduct, courts have been caught between two conflicting policies. First, courts recognize that every litigant is entitled to a fair trial, free from preconceived prejudices and outside influence. A juror's mis- conduct can and often does deny this right. On the other hand, the jury's verdict should be certain and final. A subsequent review of the jury's de- liberations results in a trial on a trial. In their struggle to choose between these two policies, Texas courts have created a body of law with peculiar rules, practices, and presumptions governing jury misconduct cases that affect every attorney engaged in litigation.
    [Show full text]
  • Inmate Litigation Margo Schlanger Harvard Law School, [email protected]
    University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2003 Inmate Litigation Margo Schlanger Harvard Law School, [email protected] Available at: https://repository.law.umich.edu/articles/1296 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Courts Commons, Law Enforcement and Corrections Commons, Legislation Commons, and the Torts Commons Recommended Citation Schlanger, Margo. "Inmate Litigation." Harv. L. Rev. 116, no. 6 (2003): 1555-706. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. VOLUME 116 APRIL 2003 NUMBER 6 HARVARD LAW REVIEW I ARTICLE INMATE LITIGATION Margo Schlanger TABLE OF CONTENTS INTRODUCTION r557 I. INMATE LITIGATION TRENDS r565 A. The Varied Subject Matter ofInmate Litigation r570 B. Inmate Litigation Rates r575 C. Inmate Filing Rates over Time: The "Deluge" r578 D. OfBabies and Bath Water: The Processing ofInmate Cases r587 II. OUTCOMES IN INMATE CASES (PRIOR TO THE PLRA) r590 A. Outcomes: The Data r593 B. Outcomes: Explanations r605 1. Limited Legal Rights/Exacting Decision Standard , r605 2. Easy Access to Courts r 607 3. The Absence of Counsel r609 4· Obstacles to Settlement. r6 r4 (a) The Impact of the Low Quality of the Docket r6r4 (b) Asymmetric Information r6r6 (c) Low Litigation Costs r6r7 (d) Perceived High External Settlement Costs r6r7 (e) Corrections Culture r620 5.
    [Show full text]
  • Pattern Criminal Jury Instructions for the District Courts of the First Circuit)
    UNITED STATES DISTRICT COURT DISTRICT OF MAINE 2019 REVISIONS TO PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT COURTS OF THE FIRST CIRCUIT DISTRICT OF MAINE INTERNET SITE EDITION Updated 6/24/19 by Chief District Judge Nancy Torresen PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE FIRST CIRCUIT Preface to 1998 Edition Citations to Other Pattern Instructions How to Use the Pattern Instructions Part 1—Preliminary Instructions 1.01 Duties of the Jury 1.02 Nature of Indictment; Presumption of Innocence 1.03 Previous Trial 1.04 Preliminary Statement of Elements of Crime 1.05 Evidence; Objections; Rulings; Bench Conferences 1.06 Credibility of Witnesses 1.07 Conduct of the Jury 1.08 Notetaking 1.09 Outline of the Trial Part 2—Instructions Concerning Certain Matters of Evidence 2.01 Stipulations 2.02 Judicial Notice 2.03 Impeachment by Prior Inconsistent Statement 2.04 Impeachment of Witness Testimony by Prior Conviction 2.05 Impeachment of Defendant's Testimony by Prior Conviction 2.06 Evidence of Defendant's Prior Similar Acts 2.07 Weighing the Testimony of an Expert Witness 2.08 Caution as to Cooperating Witness/Accomplice/Paid Informant 2.09 Use of Tapes and Transcripts 2.10 Flight After Accusation/Consciousness of Guilt 2.11 Statements by Defendant 2.12 Missing Witness 2.13 Spoliation 2.14 Witness (Not the Defendant) Who Takes the Fifth Amendment 2.15 Definition of “Knowingly” 2.16 “Willful Blindness” As a Way of Satisfying “Knowingly” 2.17 Definition of “Willfully” 2.18 Taking a View 2.19 Character Evidence 2.20 Testimony by Defendant
    [Show full text]
  • Filed an Amicus Brief
    RECEIVED by MSC 1/24/2020 11:58:45 AM IN THE SUPREME COURT APPEAL FROM THE COURT OF APPEALS __________________________ PEOPLE OF THE STATE OF AMICUS CURIAE BRIEF OF THE MICHIGAN, FULLY INFORMED JURY ASSOCIATION Plaintiff/Appellee, MSC NO.: 159063 COA NO.: 342424 -vs- CIRCUIT CT. NO.: 17-24073-AR DISTRICT CT. NO.: 15-45978-FY KEITH ERIC WOOD, Defendant/Appellant. _____________________________ AMICUS CURIAE BRIEF OF THE FULLY INFORMED JURY ASSOCIATION Submitted by: /s/ Eric Misterovich Eric Misterovich (P73422) Revision Legal, PLLC 8051 Moorsbridge Rd. Portage, MI 49024 (269) 281-3908 [email protected] John Di Giacomo (P73056) Revision Legal, PLLC 444 Cass St., Ste. D Traverse City, Michigan 49684 (231) 714-0100 [email protected] Attorneys for the Fully Informed Jury Association RECEIVED by MSC 1/24/2020 11:58:45 AM TABLE OF CONTENTS INDEX OF AUTHORITIES ...................................................................................................... ii INTEREST OF AMICUS CURIAE ............................................................................................ 1 SUMMARY OF THIS CASE AND THE ARGUMENTS IN THIS BRIEF ................................ 2 ARGUMENT.............................................................................................................................. 3 I. EVEN IF WOOD HAD KNOWINGLY HANDED HIS PAMPHLETS OR ORALLY COMMUNICATED THE IDEAS CONTAINED IN THE PAMPHLETS DIRECTLY TO A KNOWN JUROR, HE WOULD NOT COMMIT THE CRIME OF JURY TAMPERING....... 4 II. MICHIGAN JURIES HAVE ALWAYS HAD THE
    [Show full text]
  • In the Supreme Court of Mississippi
    IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01886-SCT HYUNDAI MOTOR AMERICA AND HYUNDAI MOTOR COMPANY v. OLA MAE APPLEWHITE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AND WRONGFUL DEATH BENEFICIARIES OF DOROTHY MAE APPLEWHITE, DECEASED, CEOLA WADE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AND WRONGFUL DEATH BENEFICIARIES OF ANTHONY J. STEWART, DECEASED, AND KENNETH CORDELL CARTER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AND WRONGFUL DEATH BENEFICIARIES OF CECILIA COOPER, DECEASED DATE OF JUDGMENT: 01/13/2015 TRIAL JUDGE: HON. ALBERT B. SMITH, III TRIAL COURT ATTORNEYS: J. COLLINS WOHNER, JR. PHILIP A. DOMINIQUE SARA BAILEY RUSSO ELIZABETH A. WEEKS KEITH W. McDANIEL ROBERT WILLIAM MAXWELL LINDSEY C. MEADOR RALPH EDWIN CHAPMAN JIMMY B. WILKINS C. KENT HANEY DENNIS C. SWEET, III KEVIN CHRISTOPHER NEWSOM THOMAS N. VANDERFORD, JR. WILLIAM O. LUCKETT, JR. COURT FROM WHICH APPEALED: COAHOMA COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANTS: J. COLLINS WOHNER, JR. MICHAEL JAMES BENTLEY JIMMY B. WILKINS WALTER EDGAR McGOWAN WILLIAM O. LUCKETT, JR. ROBERT WILLIAM MAXWELL ATTORNEYS FOR APPELLEES: RALPH EDWIN CHAPMAN EDUARDO ALBERTO FLECHAS DANA J. SWAN DENNIS C. SWEET, III SARA BAILEY RUSSO NATURE OF THE CASE: CIVIL - WRONGFUL DEATH DISPOSITION: REVERSED AND REMANDED - 03/11/2021 MOTION FOR REHEARING FILED: MANDATE ISSUED: EN BANC. RANDOLPH, CHIEF JUSTICE, FOR THE COURT: ¶1. This case arises from a two-car accident in which a Hyundai Excel was traveling southbound on U.S. Highway 61 at a closing speed of 68 to 78 mph and, for reasons unknown, crossed the center line into the oncoming lane of traffic.
    [Show full text]
  • The Angola Special Civics Project, 1987-1992
    University of New Orleans ScholarWorks@UNO University of New Orleans Theses and Dissertations Dissertations and Theses Summer 8-4-2011 Organizing for Freedom: The Angola Special Civics Project, 1987-1992 Lydia Pelot-Hobbs University of New Orleans, [email protected] Follow this and additional works at: https://scholarworks.uno.edu/td Part of the Sociology Commons Recommended Citation Pelot-Hobbs, Lydia, "Organizing for Freedom: The Angola Special Civics Project, 1987-1992" (2011). University of New Orleans Theses and Dissertations. 349. https://scholarworks.uno.edu/td/349 This Thesis is protected by copyright and/or related rights. It has been brought to you by ScholarWorks@UNO with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights- holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. This Thesis has been accepted for inclusion in University of New Orleans Theses and Dissertations by an authorized administrator of ScholarWorks@UNO. For more information, please contact [email protected]. Organizing for Freedom: The Angola Special Civics Project, 1987-1992 A Thesis Submitted to the Graduate Faculty of the University of New Orleans in partial fulfillment of the requirements for the degree of Master of Science in Urban Studies by Lydia Pelot-Hobbs B.A. Oberlin College 2007 August 2011 Table of Contents Abstract .............................................................................................................................. iv Epigraph .............................................................................................................................. v Chapter 1: Introduction ......................................................................................................
    [Show full text]
  • Summer 2021 Criminal Law Webinar Case
    Phil Dixon [email protected] Jonathan Holbrook [email protected] Brittany Williams [email protected] Summer Criminal Law Webinar June 4, 2021 Cases covered include reported decisions from the U.S. Supreme Court and the North Carolina appellate courts decided between December 15, 2020, and May 18, 2021. The summaries were prepared by School of Government faculty and staff. To view all of the summaries, go to the Criminal Case Compendium or the North Carolina Criminal Law Blog. To obtain the summaries automatically by email, sign up for the Criminal Law Listserv. Investigatory Stops and Seizures The application of physical force with intent to restrain a suspect, even if unsuccessful, is a Fourth Amendment seizure Torres v. Madrid, 592 U.S. ___, 141 S. Ct. 989 (Mar. 25, 2021) (Roberts, C.J.). Law enforcement officers were attempting to serve an arrest warrant early in the morning at an apartment complex in New Mexico. They noticed the plaintiff in the parking lot and realized she was not the subject of the warrant but wished to speak with her. As they approached, the plaintiff entered her car. According to the plaintiff, she did not immediately notice the police approaching (and was admittedly under the influence of methamphetamine). When an officer tried to open her car door to speak with her, she noticed armed men surrounding her car for the first time and drove off, fearing a carjacking. Although not in the path of the vehicle, the officers fired 13 rounds at the car as it drove away. The plaintiff was struck twice in her back but escaped, only to be apprehended the next day.
    [Show full text]
  • Men's Basketball Tickets Sell out Ticketing
    THE The Independent Newspaper Serving Notre Dame and Saint Mary's VOLUME 38: ISSUE 45 TUESDAY, NOVEMBER 4, 2003 NDSMCOBSERVER.COM Po riner Men's basketball tickets sell out ticketing. "Obviously, as the team By AMANDA MICHAELS student got better, demand increased News Writer considerably." Students arriving at the JACC Ofthe 11,418 seats available in Ticket Office after 1:45 p.m. yes­ the JACC, 3,200 were allocated dies terday were turned away, frus­ for student use - a number trated and fuming, after the "consistent with previous years," By TERESA FRALISH 2,800 men's basketball tickets Fraleigh said. One hundred of Assis1am News Edi1or set aside for student purchase those will be sectioned ofT for the sold out in an unprecedented band, and the rest will be distrib­ ;\ limner Notre Dame student four and a half hours. In a school uted to student athletes on game was found dead in an apparent dominated by football, 10 sales day, as per NCAA rules. suicide in Bloomington, Ind. per minute came as a pleasant In regards to Domers' com­ Saturday moming. and unexpected surprise for ath­ plaints over the 150 ticket allot­ Brian Berg, a former member letic officials. ment to Saint Mary's students of the class of 2004 from "Two years ago, we did not sell and the 30 to Holy Cross, Wheaton, Ind., had a history of out the entire allocation of tick­ Fraleigh said, "The numbers of mental illness and had been ets, and it took a whole day to do tickets given to Saint Mary's and MEGAN DAVISSON!The Observer 1mrolled in a resident treatment so last year," said Jim Fraleigh, Students line up to purchase men's basketball tickets Monday.
    [Show full text]
  • National Prison Project
    COVER PHOTOGRAPH: A/P WIDE WORLD PHOTOS 1 Joyce Gilson AUTHORS National Prison Project of the American Civil Liberties Union ACLU National Prison Project Founded in 1972 by the American Civil Liberties Union (ACLU), the National 915 15th Street NW, 7th Floor Prison Project (NPP) seeks to ensure constitutional conditions of confinement Washington, DC 20005 and strengthen prisoners’ rights through class action litigation and public educa- Tel: (202) 393-4930 tion. Our policy priorities include reducing prison overcrowding, improving pris- Fax: (212) 393-4931 oner medical care, eliminating violence and maltreatment in prisons and jails, and www.aclu.org minimizing the reliance on incarceration as a criminal justice sanction. The Pro- ject also publishes a semi-annual Journal, coordinates a nationwide network of liti- gators, conducts training and public education conferences, and provides expert advice and technical assistance to local community groups and lawyers through- out the country. CO-AUTHORS & CONTRIBUTORS American Civil Liberties Union of Louisiana ACLU of Louisiana The ACLU of Louisiana has protected traditional American values as a P.O. Box 56157 guardian of liberty since its founding in 1956. Our mission is to conserve Amer- New Orleans, LA 70156-6157 ica’s original civic values embodied in the U.S. Constitution and the Louisiana Tel: (504) 522-0617 Constitution by working daily in the courts, legislature, and communities. We Toll Free: (866) 522-0617 defend the rights of every man, woman, and child residing in this state against Fax: (504) 522-0618 attempts by the government to take away or limit civil liberties and personal free- www.laaclu.org doms guaranteed by the Bill of Rights, as well as federal and state laws.
    [Show full text]
  • In Re Juvenile Justice Facilities
    CM/ECF LIVE - U.S. District Court:lamd - Docket Report Page 1 of 60 CLOSED, FRC U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:97-cv-00665-FJP In Re: Tallula/Madison Yth, et al v. Date Filed: 07/16/1997 Assigned to: Judge Frank J. Polozola Jury Demand: None Demand: $0 Nature of Suit: 550 Prisoner: Civil Cause: 42:1983 Civil Rights Act Rights Jurisdiction: Federal Question Plaintiff Tallulah Correctional Center for represented by Keith B. Nordyke Youth Keith B. Nordyke, LLC also known as 427 Mayflower Street Swanson Correctional Center Madison Baton Rouge, LA 70802 Parish Unit 225-383-1601 Fax: 225-383-2725 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED June E. Denlinger P. O. Box 237 Baton Rouge, LA 70821 866-455-4529 Fax: 866-492-4529 Email: [email protected] ATTORNEY TO BE NOTICED Plaintiff Juvenile Plaintiffs represented by David J. Utter Brian B. Juvenile Justice Project of La 1600 Oretha Castle Haley Blvd. New Orleans, LA 70113 US 504-522-5437 Fax: 504-522-5430 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED Addison Kennon Goff, III Goff & Goff P. O. Box 2050 Ruston, LA 71273-2050 318-255-1760 Fax: 318-255-7745 https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?759713130620898-L_923_0-1 12/13/2006 CM/ECF LIVE - U.S. District Court:lamd - Docket Report Page 2 of 60 ATTORNEY TO BE NOTICED P. Scott Wolleson The Boles Law Firm P. O. Box 2065 1818 Avenue of America Monroe, LA 71207-2065 318-388-4050 Fax: 318-998-7115 ATTORNEY TO BE NOTICED Notice Only Tallulah Correctional Center for Youth also known as Swanson Correctional Center Madison Parish Unit Notice Only Richard L Stalder represented by Richard L Stalder Secretary of DOC P.O.
    [Show full text]