Opinion

State of Louisiana v. Breyiana Brown

Court
Louisiana Court of Appeal
Filed
Oct 14, 2020
Status
Published
Author
Judge Roland L. Belsome
On the bench
Judge Roland L. Belsome; Judge Daniel L. Dysart; Judge Joy Cossich Lobrano
Cited by
0 cases
Authority
More cited than 36.7%

observing that “[w]hen a decision of [the United States Supreme Court] results in a ‘new rule,’ that rule applies to all criminal cases still pending on direct review”

How later courts described this case

  • observing that “[w]hen a decision of [the United States Supreme Court] results in a ‘new rule,’ that rule applies to all criminal cases still pending on direct review”
  • holding that jury verdicts in state felony trials must be unanimous

Written by the judges who cited it.

The opinion

STATE OF LOUISIANA * NO. 2019-KA-0248

VERSUS *

COURT OF APPEAL

BREYIANA BROWN *

FOURTH CIRCUIT

*

STATE OF LOUISIANA

*******

APPEAL FROM

CRIMINAL DISTRICT COURT ORLEANS PARISH

NO. 531-281, SECTION “E”

Honorable Keva M. Landrum-Johnson, Judge

******

Judge Roland L. Belsome

******

ON REMAND FROM THE LOUISIANA SUPREME COURT

(Court composed of Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Joy

Cossich Lobrano)

LOBRANO, J., CONCURS IN THE RESULT.

G. Benjamin Cohen

Cormac S. Boyle

THE PROMISE OF JUSTICE INITIATIVE

1024 Elysian Fields Avenue

New Orleans, LA 70117

COUNSEL FOR DEFENDANT/APPELLANT

Donna Andrieu

Irena Zajickova

ASSISTANT DISTRIC ATTORNEY

Leon Cannizzaro

DISTRICT ATTORNEY

ORLEANS PARISH

619 S. White Street

New Orleans, LA 70119

COUNSEL FOR THE STATE OF LOUISIANA/APPELLEE

VACATED AND REMANDED

OCTOBER 14, 2020

RLB This matter is on remand from the Louisiana Supreme Court pursuant to the

DLD United States Supreme Court’s recent decision in Ramos v. Louisiana, 590 U.S. ––

––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020) (holding that jury verdicts in state

felony trials must be unanimous). State v. Brown, 19-KA-0248, 2020 WL

1056803 (La. App. 4 Cir. 03/04/2020), writ granted in part, 20-K-0442, 2020 WL

5904879 (La. 10/06/20). For the reasons that follow, we vacate Breyiana Brown’s

manslaughter conviction and remand for further proceedings.

RELEVANT FACTS AND PROCEDURAL HISTORY

Defendant, Breyiana Brown, was convicted of manslaughter by a non-

unanimous jury.1 This Court affirmed her manslaughter conviction. See State v.

Brown, 19-KA-0248, 2020 WL 1056803, at *8 (La. App. 4 Cir. 03/04/2020).

Defendant sought review by the Louisiana Supreme Court. During the pendency

of her writ application, the United States Supreme Court issued its ruling in Ramos.

Thereafter, the Louisiana Supreme Court granted Defendant’s writ application

specifically regarding the issue of the non-unanimous manslaughter verdict.

1

Defendant was also convicted of obstruction of justice, possession with the intent to distribute

and illegal possession of a stolen firearm by a unanimous jury. Those convictions are now final

and not the subject of this remand.

1

Brown, 19-KA-0248, 2020 WL 1056803 (La. App. 4 Cir. 03/04/2020), writ

granted in part, 20-K-0442, 2020 WL 5904879 (La. 10/06/20).

DISCUSSION

On appeal, one of Defendant’s assignments of error challenged the

constitutionality of her manslaughter conviction by a non-unanimous jury verdict.

Under Ramos, jury verdicts for felony convictions must be unanimous.

Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020).

Since Defendant’s case was pending on direct review when Ramos was decided,

the United States Supreme Court’s decision is applicable. See Schriro v.

Summerlin, 542 U.S. 348, 351, 124 S.Ct. 2519, 2522, 159 L.Ed.2d 442 (2004)

(observing that “[w]hen a decision of [the United States Supreme Court] results in

a ‘new rule,’ that rule applies to all criminal cases still pending on direct review”).

Therefore, because Defendant’s conviction was based on a non-unanimous jury

verdict, her manslaughter conviction is vacated.

CONCLUSION

For the foregoing reasons, Defendant’s manslaughter conviction is vacated

and the matter remanded for further proceedings.

VACATED AND REMANDED

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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