Opinion

State Of Louisiana v. Eyba Brown

Court
Louisiana Court of Appeal
Filed
Nov 10, 2020
Cited by
0 cases
Authority
More cited than 31.0%

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

k

Ll

DEPUTY dLEAK OF COURT

FOR THE COURT

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