No. 18-9767
LaShawn Johnson v. Randy L. White, Warden
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions
Latest Conference:
2019-10-01
Question Presented (from Petition)
1.) Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process of a law according to the Fifth, Sixth and 14th Amendment?
2.) Should the alleged deadly weapon be charged in the indictment for a conviction of Robbery in the first degree?
3.) Did the Appellant have a constitutional right to conduct his own defense at trial?
4.) Was the Petitioner entitled to a jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt?
Question Presented (AI Summary)
Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process
Docket Entries
2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent Randy White to respond filed.
2019-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2019)
Attorneys
Lashawn Johnson
Lashawn Johnson — Petitioner
Randy White
James C. Shackelford — Kentucky Attorney General, Respondent