No. 19-5022

Brian K. Banks v. Louisiana

Lower Court: Louisiana
Docketed: 2019-07-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 404(b)-evidence appellate-review constitutional-rights criminal-procedure due-process evidence fair-trial fifth-circuit jury-trial legal-error louisiana-supreme-court prosecutorial-misconduct standard-of-review
Latest Conference: 2019-10-01
Question Presented (from Petition)

I. Did the Louisiana Supreme Court Error, when it allowed the Fifth Circuit Court of Appeals to contradict its own prior rulings by overruling the District Court's decision to not. disallow the prosecution to present inadmissible 404(B) evidence to the trier of fart?

II. Did inadmissible 404(B) evidence, prejudice the defendant, and contributed to the violation of his Constitutional Right to a fair and impartial jury trial, by allowing the trier of fact to convict the defendant, net on the evidence of the crime charged, but because the non-relevant evidence depicted him as a bad man?

Question Presented (AI Summary)

Did the Louisiana Supreme Court err in allowing the Fifth Circuit to contradict its own prior rulings by overruling the District Court's decision to not disallow the prosecution to present inadmissible 404(B) evidence?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-23
Waiver of right of respondent Louisiana to respond filed.
2019-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Brian K. Banks
Brian K. Banks — Petitioner
Louisiana
Terry M. BoudreauxDistrict Attorney's Office, Respondent