Joseph Michael Kurz v. Louisiana
DueProcess Punishment Patent JusticiabilityDoctri
Reasonable jurists would determine that the district court erred in allowing the State to prosecute Mr. Kurz for an allegations that the time limitations had expired.
Jurists of reason would determine that Mr. Kurz's conviction and sentence must be reversed because Capital Trial Procedures were not employed in the trial of this Capital Trial.
Reasonable jurist would debate that the State failed to meet its burden of proof of beyond a reasonable doubt that Mr. Kurz is guilty of the offense beyond a reasonable doubt.
Reasonable jurists would debate that the trial court abused its discretion by permitting five distinct witnesses to testify under LSA-C.E. Art 412.2.
Reasonable jurists would determined that the Louisiana Court of Appeal had erroneously sentenced Mr. Kurz to 50 years at hard labor based on a factually inaccurate recitation of the victim's trial testimony.
Whether the district court erred in allowing the State to prosecute the defendant for an allegation that the time limitations had expired