Anthony v. Louisiana
Petition for a writ of certiorari denied on November 7, 2022. Justice Sotomayor, with whom Justice Jackson joined, dissented from the denial of certiorari.
Issues: (1) Whether the presumption of innocence, the right to confrontation and the right to a fair trial permit a court to allow the grand jury prosecutor to take the stand and offer testimony regarding the prosecutor’s belief about the credibility of the alleged victims, the guilt of the defendant and the strength of the state’s evidence; (2) whether the admission of such prosecutorial testimony constitutes structural error or, instead, is subject to harmless error review; and (3) whether a reviewing court’s conclusion that the evidence at trial supports the defendant’s convictions even excluding the grand jury prosecutor’s testimony meets the state’s burden of proving harmless error beyond a reasonable doubt.
SCOTUSblog Coverage
- Denials of review in five cases draw dissents from various justices (Amy Howe, November 7, 2022)
- Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
- What constitutes “identity theft”? (John Elwood, October 26, 2022)
- Reschedule Watch: Birthright citizenship and torts to members of the armed forces (John Elwood, October 13, 2022)
- The first relists of October Term 2022 (John Elwood, October 4, 2022)
- The (likely) last grants of October Term 2021 (John Elwood, June 29, 2022)