# State of Louisiana v. Breyiana Brown

> Louisiana Court of Appeal · October 14, 2020

URL: https://www.frixlaw.com/law-library/cases/11077172

## Case

- **Court:** Louisiana Court of Appeal
- **Decided:** October 14, 2020
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Judge Roland L. Belsome
- **Judges:** Judge Roland L. Belsome; Judge Daniel L. Dysart; Judge Joy Cossich Lobrano
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11077172

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11077172. Public record. Not legal advice.