Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures by Derek Gilna by Derek Gilna The Louisiana Sheriffs’ Association was forced to backtrack from an April 19, 2018, statement that Louisiana jails hold about 1,300 individuals in jail over four years without standing trial and 70 for more than five …
Federal Judge Extends Stay of Executions in Louisiana by Betty Nelander by Betty Nelander Louisiana’s 71 death-row prisoners are in limbo after a federal judge in that state ordered that a stay of executions be extended at least until July 18, 2019. The order by U.S. District Judge Shelly Dick …
Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’ by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit upheld a federal district court’s ruling that a Louisiana man who has served over 35 years …
Legally Thrown in Jail for Wanting to File a Complaint Against Police by In a land where a person can be thrown in jail for wanting to file a complaint against the cops, that is called a “police state.” Here in the United States, the Constitution protects those who want …
Powerful District Attorney Lobbies Improperly Influence Law Making by Matthew Clarke by Matt Clarke Around the nation, powerful lobbying groups composed of associations of prosecutors are influencing state legislatures to reject certain laws, regardless of how popular the proposed laws are with the electorate. In his January 2018 State of …
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 …
