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Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking

Article • July 20, 2018 • from CLN August, 2018

Filed under: Jury Instructions, Juries

Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking by Dale Chappell by Dale Chappell Where the evidence was lacking and the jury could only speculate as to the defendant’s guilt, the Supreme Court of Louisiana reversed the defendant’s conviction and entered a judgment of acquittal, …

Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots

Article • July 20, 2018 • from CLN August, 2018

Filed under: Racial Discrimination, Juries

Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots by Dale Chappell by Dale Chappell Only Louisiana and Oregon allow non-unanimous jury verdicts to convict. In both states, the law allows just 10 of the 12 jurors to agree a person is guilty. While such laws give prosecutors …

SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial

Article • June 18, 2018

Filed under: Attorneys, Sixth Amendment

SCOTUS: Sixth Amendment Right to Autonomy — Attorney Cannot Overrule Client’s Decision to Assert Innocence at Trial by Richard Resch by Richard Resch On May 14, 2018, the Supreme Court of the United States (“SCOTUS”) issued a major decision affirming criminal defendants’ Sixth Amendment right to assert their innocence at …

Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence

Article • May 15, 2018 • from CLN June, 2018

Filed under: Police Misconduct, Police--Excessive Force, Excessive Force (Police), Racial Profiling

Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence by Monte McCoin by Monte McCoin Two white police officers who were involved in the 2016 death of an unarmed black man at a Baton Rouge convenience store were disciplined, but not criminally charged, for their roles in …

Langley v. Prince et al., LA, order, murder conviction, 2018

Brief • May 14, 2018

Filed under: Prosecutors, Habeas Corpus, Double jeopardy

Langley v. Prince et al., LA, order, murder conviction, 2018 Case: 16-30486 Document: 00514472153 Page: 1 Date Filed: 05/14/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30486 FILED May 14, 2018 RICKY LANGLEY, Lyle W. Cayce Clerk Petitioner …

Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal

Article • April 19, 2018 • from CLN May, 2018

Filed under: Sentencing

Sentencing Court’s Grant of Prior Custody Credit was Not ‘Clear Error’ to Allow for Removal by Dale Chappell by Dale Chappell The government’s “eleventh hour” motion to “correct” a sentence to remove credit for time served in a related case before federal sentencing was improperly granted by the district court, …

Johnson, Every v. Thibodaux City, La., opinion, prolonged traffic stop, 2018

Brief • April 17, 2018

Filed under: Excessive Force, Stun Guns/Tasers, Arrest Warrants, Fourth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Traffic stop

Johnson, Every v. Thibodaux City, La., opinion, prolonged traffic stop, 2018 Case: 17-30088 Document: 00514434369 Page: 1 Date Filed: 04/17/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-30088 United States Court of Appeals Fifth Circuit FILED April 17, 2018 Lyle W. Cayce Clerk JACKALENE ROSA …

Fired New Orleans Cops Just Move to Other Departments

Article • March 16, 2018 • from CLN April, 2018

Filed under: Police Misconduct

Fired New Orleans Cops Just Move to Other Departments by Dale Chappell by Dale Chappell Dozens of New Orleans police officers who have been fired for misconduct were able to keep their badges and guns simply by switching to another police department, according to police personnel files and court documents. …

Louisiana: Reform Results in Early Releases

Article • February 22, 2018

Filed under: Criminal justice system reform, Overcrowding, Sentencing

Louisiana: Reform Results in Early Releases by David Reutter by David Reutter Laws aimed at reducing Louisiana's prison population resulted in the release of about 1,400 prisoners on November 1, 2017. While the population reduction from those laws will save taxpayers $262 million, those who benefit from free prisoner labor …

Louisiana Indigent Defendants Face Death Penalty Without Lawyers

Article • February 16, 2018 • from CLN March, 2018

Filed under: Attorneys, Public Defenders, Indigent Defense, Death Penalty/Death Row, Death Penalty

Louisiana Indigent Defendants Face Death Penalty Without Lawyers by Christopher Zoukis by Christopher Zoukis The indigent defense crisis in Louisiana continues, but it is now taking a new and more ominous direction. In order to fund local public defenders, the state has taken $3 million from capital defenders, leaving at …

Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders

Article • January 19, 2018 • from CLN February, 2018

Filed under: Misconduct/Corruption, Prosecutor/Attorney General Misconduct, Attorney Misconduct, Public Defenders

Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders by David Reutter by David M. Reutter Pretrial diversion programs have traditionally been used to “divert” criminal defendants to drug rehab and counseling programs. Some Louisiana prosecutors, however, have used it to create an industry that diverts traffic ticket revenue …

Testimony of Expert Witness Excluded

Article • December 19, 2017

Filed under: Medical, Eighth Amendment, Expert Witnesses

Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …

Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job

Article • December 19, 2017 • from CLN January, 2018

Filed under: Prosecutor/Attorney General Misconduct, Public Defenders, Prosecutors

Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job by Matthew Clarke by Matt Clarke Where can you face criminal prosecution for doing your job? The answer is New Orleans if you work for the Orleans Public Defenders (“OPD”). Prosecutors in New Orleans have been threatening to criminally …

DOJ Ends Unconstitutional Investigative Holds by Louisiana Police

Article • December 19, 2017 • from CLN January, 2018

Filed under: Arrest and Booking, Overdetention, False Arrest, Arrest Warrants

DOJ Ends Unconstitutional Investigative Holds by Louisiana Police by David Reutter by David M. Reutter The U.S. Department of Justice (“DOJ”) determined that two Louisiana police agencies utilized unconstitutional “investigative holds.” The practice was used by the Evangeline Parish Sheriff’s Office (“EPSO”) and the Ville Platte Police Department (“VPPD”) to …

In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees

Article • December 19, 2017 • from CLN January, 2018

Filed under: Attorney Fee Awards, Public Records

In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees by Mark Wilson by Mark Wilson The Louisiana Supreme Court held that an attorney representing an incarcerated felon is not subject to La. R.S. § 44:31.1 when …

Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit

Article • December 11, 2017

Filed under: Freedom of Information Act

Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Fifth Circuit has allowed Sierra Club to intervene in a reverse Freedom of Information Act (FOIA) records request lawsuit. The dispute stemmed from FOIA requests …

$82,500 Damages to Detained American, Federal Judge Blasts ICE

Article • December 7, 2017

Filed under: Wrongful Imprisonment, Immigration, False Arrest

$82,500 Damages to Detained American, Federal Judge Blasts ICE by Christopher Zoukis By Christopher Zoukis In a scathing opinion, Judge Jack B. Weinstein, Senior Judge of the United States District Court for the Eastern District of New York, awarded a wrongfully detained American citizen $82,500 in damages for false arrest …

Allen v. Edwards, LA, Petition for Class Cert., 2017

Brief • 2017

Filed under: Public Defenders, Class Certification

Allen v. Edwards, LA, Petition for Class Cert., 2017 JOSEPH ALLEN, STEVEN AYRES, ASHLEY HURLBURT, RORY KEVIN GATES, JAMES HOWARD, DEMARCUS MORROW, RODNEY WALLER, KEITH ARCEMENT, FREDERICK BELL, GENARO CRUZ GOMEZ, SAM YBARRA, MICHAEL CARTER, AND JAMES PARK, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, DOCKET NO. 19th …

Punished Protestors - Conditions in East Baton Rouge Parish Prison, 2017

Publication • 2017

Filed under: Protests

Punished Protestors - Conditions in East Baton Rouge Parish Prison, 2017 . LOYOLA UNIVERSITY I NEW ORLEANS COLLEGE OF LAW LEGAL STUDIES RESEARCH PAPER SERIES Punished Protesters: Conditions in East Baton Rouge Parish Prison (Promise of Justice Initiative 2017) Andrea Armstrong, Law Visiting Committee Distinguished Professor of Law & Erica …

Punished Protestors: Conditions in East Baton Rouge Parish Prison, Erica Navalance and Andrea Armstrong, The Promise of Justice Initiative, 2017

Publication • 2017

Filed under: Protests, Criminal justice system reform, Excessive Force, Inadequate Health Care Facilities

Punished Protestors: Conditions in East Baton Rouge Parish Prison, Erica Navalance and Andrea Armstrong, The Promise of Justice Initiative, 2017 PUNISHED PROTESTERS in Baton Rouge Conditions in East Baton Rouge Parish Prison The Prom of Justice Initiative the PROMISE of JUSTICE INITIATIVE the Promise of Justice the PROMISE PUNISHED PROTESTERS: …