American Civil Liberties Union : ACLU Amicus Brief in Louisiana v. Langley

Death Penalty:
The death penalty is the ultimate denial of civil liberties. In the past 35 years, 130 inmates were found to be innocent and released from death row. The ACLU Capital Punishment Project is fighting for the end of the death penalty by supporting moratorium and repeal movements through public education and advocacy. We are engaged in systemic reform of the death penalty process, and case-specific litigation highlighting some of its fundamental flaws.

ACLU Amicus Brief in Louisiana v. Langley (3/5/2007)

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Description: The ACLU CPP filed this amicus brief with the Louisiana Supreme Court in State v. Langley challenging the state appellate court's radical construction of the double jeopardy clause. Under the state court's interpretation, a capital defendant acquitted of first-degree murder could be retried for first-degree, capital murder after he successfully appeals his conviction for the lesser offense, second-degree murder. This interpretation is contrary to over one hundred years of Louisiana and United States constitution double jeopardy jurisprudence. The ACLU filed an amicus brief challenging the state appellate court's radical construction of the double jeopardy clause. It argued that the court's interpretation was contrary to over one-hundred years of Louisiana and United States constitution double jeopardy jurisprudence. The Louisiana Supreme Court agreed, finding that "there is no basis whatsoever" for failing to apply the "longstanding" double jeopardy principles and ruling that the State could only proceed with the prosecution of the lesser offense.
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