No. 21-1363

Brandon Scott Lavergne v. Darrell Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2022-04-19
Status: Denied
Type: Paid
Response Waived
Tags: 8th-amendment cruel-and-unusual cruel-and-unusual-punishment habeas-corpus ineffective-assistance-of-counsel life-without-parole plea-agreement rule-60b-petition solitary-confinement
Latest Conference: 2022-06-09
Question Presented (from Petition)

1) Is a criminal sentence of life without parole in
solitary confinement a cruel and unusual sentence?

2) Ifone federal district court finds I was not sentenced
to life in solitary, but another federal district court
finds I was sentenced to life in solitary, is that
grounds to file a 60(b) petition?

3) If two federal district courts disagree on the same
issue, does that create grounds to say an issue is
debatable?

4) If the U.S. 5th Cir. admits I am being held for life
in solitary confinement per a plea agreement, but
then upholds a district court Tuling that claims I was
not in solitary due to a plea agreement, should the
Sth Cir. have ordered me to receive habeas corpus
relief?

5) Ifa defense attomey tells his client to plead guilty
and accept an unlawful sentence, is that ineffective
assistance of counsel?

Question Presented (AI Summary)

Is a criminal sentence of life without parole in solitary confinement a cruel and unusual sentence?

Docket Entries

2022-06-13
Petition DENIED.
2022-05-24
DISTRIBUTED for Conference of 6/9/2022.
2022-05-19
Waiver of right of respondent Darrell Vannoy to respond filed.
2022-01-25
Petition for a writ of certiorari filed. (Response due May 19, 2022)

Attorneys

Brandon Lavergne
Brandon Scott Lavergne — Petitioner
Darrell Vannoy
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent