No. 21-5551

Floyd Flugence v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-law criminal-procedure due-process intent jury-evidence louisiana second-degree-murder specific-intent sufficiency-of-evidence
Latest Conference: 2021-10-29
Question Presented (from Petition)

1. Whether the evidence was sufficient to support, the finding of guilt, in accordance with La. R.S. 14:30.1 (Second Degree Murder) where there was no specific intent, to kill?

2. Was there a constructive denial of Petitioner's right t o present a defense?

3. Did the hid court create manifest error by:
(a) allowing the jury (during deliberations) to review a videotape?
(b) modifying the video to slow motion?

4. In playing the video in slow motion, did the jury review a different form of the events with a different time frame of the events?

5. Whether the Petitioner's (P and 14fc Amendments to the United Sates Constitution were violated in the use of La. C. Qr.P. Art. 413(B)?

6. Is La C.Cr.P. Art. 413(B) in violation of the United States Constitution?

7. Whether Counsel was ineffective in violation of the # Amendment. to the United States Constitution?

8. Did Petitioner suffer a Due Process violation in the lengthy delays?

9. Is an indictment sufficient when it finis to allege the elements of fire crime?

10. Cm a Defendant present a proper defense when Ore indictment Sals to give notification of the alleged crane?

Question Presented (AI Summary)

Whether the evidence was sufficient to support the finding of guilt in accordance with La. B.S. 14:30.1 (Second Degree Murder) where there was no specific intent to kill?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-10-01
Waiver of right of respondent Darrel Vannoy to respond filed.
2021-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Darrel Vannoy
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent
Floyd Flugence
Floyd Flugence — Petitioner