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SHREVEPORT, La. – A Shreveport man convicted two years in the past of killing a Shreveport police officer needs his conviction and life sentence overturned.
Legal professional Lee Harville represented Grover Cannon in his attraction Tuesday earlier than a three-member panel of the twond Circuit Courtroom of Attraction. Harville mentioned Cannon’s Sixth Modification proper to manage his protection was violated throughout his trial as a result of his trial lawyer went towards his needs.
Cannon was convicted in 2019 of the August 2015 capturing demise of Officer Thomas LaValley as he responded to a disturbance name at Cannon’s dwelling within the Queensborough neighborhood. He was shot six occasions.
A neighbor instructed the jury he noticed Cannon run out of the home after the pictures have been fired.
Cannon didn’t need an acknowledgement he was on the home, however nor did he help a self-defense declare, Harville mentioned.
He’s basing the attraction on a case styled McCoy v. Louisiana, the place the plaintiff, Robert McCoy, argued that his lawyer conceded his guilt with out his permission. The U.S. Supreme Courtroom agreed and mentioned the Sixth Modification ensures a defendant the proper to decide on the target of his protection. The choice overturned McCoy’s triple homicide conviction, and his case remains to be pending retrial in Bossier District Courtroom.
Harville conceded throughout questioning by Choose James “Jimbo” Stephens that at no level did Cannon’s trial lawyer, Dwight Doskey, admit Cannon’s guilt. In truth, when Cannon took the stand in the course of the penalty part of the trial, the questions requested of him by Doskey have been ready by Cannon.
Harville mentioned Cannon was “compelled” to put in writing these questions. He based mostly that on a listening to eight months previous to the trial the place Doskey instructed the trial choose he was going to argue self-defense.
The trial choose erred in permitting that protection to go ahead, Harville claimed.
“The choose by no means ordered them to not. They introduced by the questioning of witnesses and proof and arguments that may present of their opinion that Officer LaValley was the aggressor on this case and that Mr. Cannon or whoever the shooter was needed to shoot in self-defense,” Harville mentioned.
Choose Frances Pitman requested, “He wished an alibi protection. Is that it?
Harville mentioned Cannon wished a protection that “actually had no foundation in actuality.” Cannon didn’t need to argue self-defense as a result of to take action would imply an admission he was on the home.
“I don’t assume he settled on a sensible protection,” Harville mentioned.
Caddo Parish Assistant District Legal professional Tommy Johnson argued the details of Cannon’s protection differ from the McCoy case. In McCoy, the defendant objected earlier than, throughout and after his trial that his lawyer went towards his needs. He additionally tried to fireplace his lawyer two days earlier than trial.
There have been no objections on the file or by movement throughout Cannon’s trial, Johnson mentioned.
Self-defense was one of many protection’s methods. Cannon additionally talked in regards to the capturing being the results of a regulation enforcement conspiracy towards him, Johnson mentioned.
The appellate panel accepted submission of the attraction. No time lime was given for a ruling, however it will possibly usually take as much as six months.
Cannon is serving a life sentence. The jury couldn’t attain a unanimous determination on the demise penalty sought by the state.
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