No. 24-6940

Tam Q. Le v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2025-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: allen-charge constitutional-rights fifth-amendment fourteenth-amendment non-unanimous-jury sixth-amendment
Latest Conference: 2025-05-22
Question Presented (from Petition)

1. Reasonable jurists would determined that the trial court committed error in providing an Allen charge to the jury when they advised a deadlock and forced them to continue deliberations for another three hours into the evening on Halloween.

2. Reasonable jurists would determine that Mr. Le was convicted by a non-unanimons jury in violation of his rights under the Fifth, Sixth and Fourteenth Amendments and equivalent provisions of the Louisiana Constitution.

3. Reasonable jurists would debate that Mr. Le was denied a fair and impartial trial with the submission of testimony from "Expert " witnesses which failed to meet the Daubert standard, in violation of the Sixth and Fourteenth Amendments to the United States Constitution. Daubert v. Dow Pharmaceuticals-. Frve r. United States.

Question Presented (AI Summary)

Whether the trial court committed reversible error by providing an Allen charge to a deadlocked jury and whether Mr. Le was convicted by a non-unanimous jury in violation of his constitutional rights

Docket Entries

2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-05-02
Waiver of right of respondent Tim Hooper, Warden to respond filed.
2024-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2025)

Attorneys

Tam Q. Le
Tam Q. Le — Petitioner
Tim Hooper, Warden
Matthew Caplan — Respondent