The opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0917
VERSUS
EYBA BROWN
NOVEMBER 10, 2020
In Re: Eyba Brown, for
applying supervisory writs, 32nd
Judicial District Court, Parish of Terrebonne, No.
295, 969.
BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.
WRIT DENIED. In Ramos v. Louisiana, _ U. S., 140
S. Ct. 1390, 1397, 206 L. Ed. 2d 583 ( 2020), the United States
Supreme Court held, "
the Sixth Amendment' s unanimity requirement
applies to state and federal criminal trials equally." However,
the Court declined to address its
whether holding applied
retroactively to cases on collateral review. The Court
specifically observed that the question of "[ w] hether the right
to jury unanimity applies to cases on collateral review is a
question for a future case where the parties will have a chance
to brief the issue and we will benefit from their adversarial
presentation." See Ramos, U. S. 140
at , S. Ct. at 1407.
The question of whether Ramos must apply retroactively to cases
on federal collateral review is before
currently pending the
Court. Edwards U. S. —,
v.
Vannoy, — 140 S. Ct. 2737, 206
L. Ed. 2d 917 ( 2020). Moreover, the Louisiana Supreme Court has
declined to definitively rule on whether Ramos should apply on
collateral review in state court decision
proceedings pending a
in Edwards. See State v. Gipson, 2019- 01815 ( La. 6/ 3/ 20), 296
So. 3d 1051, 1052 ( Johnson, C. J., dissenting to point out that
she disagreed with the majority' s decision to defer ruling until
the United States Supreme Court mandates action). Therefore, we
are constrained to deny relief at this time. However, our
decision does not preclude relator from reurging the issue in
the district court if warranted by the decision of the higher
court (s) .
JMG
PMC
WIL
COURT OF APPEAL, FIRST CIRCUIT
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Ll
DEPUTY dLEAK OF COURT
FOR THE COURT