No. 21-7542
Carman Deck v. Paul Blair, Warden
Tags: capital-sentencing constitutional-rights delay-in-sentencing due-process fair-trial fundamental-fairness mitigation-evidence right-to-present-evidence sentencing-delay
Latest Conference:
N/A
Question Presented (from Petition)
Betterman v. Montana, 578 U.S. 437, 448 (2016), noted there is a due process limitation upon inordinate delays between conviction and sentencing. What is the proper test for determining whether the inordinate delay prejudiced the defendant's ability to obtain a fundamentally fair capital sentencing proceeding and if the delay prejudiced the defendant, what is the proper remedy?
Question Presented (AI Summary)
Whether the inordinate delay between the defendant's conviction and capital sentencing proceedings prejudiced the defendant's ability to present mitigating evidence and, if so, what is the proper remedy
Docket Entries
2022-05-02
Application (21A606) referred to the Court.
2022-05-02
Petition DENIED.
2022-05-02
Application (21A606) denied by the Court.
2022-04-26
Reply of applicant Carman Deck filed.
2022-04-19
Response to application from respondent Paul Blair filed.
2022-04-19
Reply of petitioner Carman Deck filed.
2022-04-12
Application (21A606) for a stay of execution of death pending disposition of writ of certiorari, submitted to Justice Kavanaugh.
2022-04-08
Brief of respondent Paul Blair, Warden in opposition filed.
2022-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)
Attorneys
Carman Deck
Elizabeth Unger Carlyle — Carlyle Parish LLC, Petitioner
Paul Blair
Katharine Anne Dolin — Office of the Missouri Attorney General, Respondent