Parish: Bossier
Police Department: Louisiana State Police
The American Civil Liberties Union of Louisiana and Robert F. Kennedy Human Rights (“RFK Human Rights”), on behalf of Anthony Monroe, filed a criminal writ application with the Louisiana Supreme Court, after Mr. Monroe was convicted of battery of a police officer and resisting an officer.
Mr. Monroe first argues in his appeal to the Louisiana Supreme Court that he was unconstitutionally denied his right to a jury trial as it relates to the battery charge. Jury trials are deemed necessary under United States Supreme Court precedent when the charge at issue is deemed “serious,” as opposed to “petty.” Because the Louisiana legislature has enumerated battery of a police officer as a “crime of violence”—placing it alongside charges such as rape and murder, and also deemed police officers a protected class under its hate crime laws—there is no question that the crime is a “serious” one. Moreover, conviction of the offence carried with it the denial of Mr. Monroe’s Second Amendment right to carry firearms and here, it also included the revocation of Mr. Monroe’s gaming license, which for the preceding 25 years had provided him with the means to obtain a livelihood.
Furthermore, Mr. Monroe argues that his constitutional claims were preserved because he did not waive his right to a jury trial. Under Louisiana law, a waiver of the right to a jury trial must be express and is only valid if the accused did so voluntarily and knowingly. Waiver of this constitutional right cannot be presumed by the trial court. Additionally, errors that affects substantial rights, such as the right to a jury trial, may be reviewed by an appellate court even if not raised at the trial level.
Mr. Monroe is represented by the ACLU of Louisiana and RFK Human Rights.