NACDL - Luong v. Alabama

Luong v. Alabama

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (cert. stage).

Brief filed: 02/22/2016

Documents

Luong v. Alabama

United States Supreme Court; Case No. 15-992

Prior Decision

Decision below 2015 WL 1780094 (Ala.Crim.App. April 17, 2015), rehearing denied 2015 WL 4162926 (Ala.Crim.App. July 10, 2015).

Argument

The Court should grant the writ to protect the Sixth Amendment right to an unbiased jury. The critical question is whether a trial court must, at a minimum, ask potential jurors who admit exposure to highly prejudiced pretrial publicity if they have formed opinions about guilt and allow further questioning to uncover bias. The Alabama Supreme Court said no, holding that courts may rely on those jurors' collective, untested assurance that they can be fair. That ruling conflicts with decisions of this Court and must be corrected.

Author(s)

David C. Weiss, Center for Death Penalty Litigation, Durham, NC; Jeffrey T. Green, NACDL, Washington, DC.