Harold Alvin Campbell v. Louisiana
WHETHER THE LOUISIANA STATE MURDER STATUTES WHICH INCORP
ORATES " NO INTENT TO KILL ", LSA-RS 14:30.1(2), 14:31(2),
ARE UNCONSTITUTIONALLY A DISTINCTION IN PUNISHMENT , WITHOUT
A DIFFERENCE IN BEHAVIOR ,IN COMPARISON TO LSA-RS 14:32(1),
AS SUCH, IS CONTRARY TO AND IN VIOLATION OF THE 5TH,:8TH,
AND THE 14TH AMENDMENTS OF THE UNITED STATES CONSTITUTION ?
WHETHER THE LOUISIANA COURTS JURY INSTRUCTIONS TO JURORS,
RELEVANT TO THEIR CHOICE OF SECOND DEGREE MURDER STATUTE
THAT SIMULTANEOUSLY INCORPORATES, PART IN PART, BOTH THE
( " SPECIFIC INTENT TO KILL " AND " NO INTENT TO KILL " ),
AMBIGUIOUSLY FUNCTIONS AS AN INTERPOSITION AND NULLIFICATION
OF JURY INSTRUCTIONS RELEVANT TO JURORS CHOICE TO THE LOUIS
IANA NEGLIGENT HOMICIDE STATUTE,AND THE CRIMINAL NEGLIGENCE
DEFENSE OF DEFENDENTS ,AS SUCH, IS CONTRARY TO,AND IN VIOLA
TION OF,THE 5TH, 8TH, AND THE 14TH AMENDMENTS OF THE UNITED
STATES CONSTITUTION ?
WHETHER THE EVIDENCE ADMITTED AT TRIAL, WHEN VIEW IN THE
LIGHT MOST FAVORABLE TO THE PROSECUTION WAS SUFFICIENT TO
PROVE THAT MR. HAROLD A. CAMPBELL HAD " SPECIFIC INTENT TO
KILL ", TO COMMIT SECOND DEGREE MURDER OR " NO INTENT TO
KILL AS IS THE JURY INSTRUCTIONSLANGUAGE' RELEVANT TO THE
LOUISIANA NEGLIGENT HOMICIDE STATUTE ?
Whether Louisiana state murder statutes with 'no intent to kill' provisions are unconstitutionally distinct in punishment without a behavioral difference, violating the 5th, 8th, and 14th Amendments