State of Louisiana v. Billy R. Lewis

Opinion

STATE OF LOUISIANA * NO. 2016-KA-0224

VERSUS * COURT OF APPEAL

BILLY R. LEWIS * FOURTH CIRCUIT

*

STATE OF LOUISIANA

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APPEAL FROM

CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 433-888, SECTION “F”

Honorable Robin D. Pittman, Judge ******

Chief Judge James F. McKay III ******

ON REMAND FROM THE UNITED STATES SUPREME COURT

(Court composed of Chief Judge James F. McKay III, Judge Edwin A. Lombard, Judge Roland L. Belsome)

LEON A. CANNIZZARO, JR. DISTRICT ATTORNEY, ORLEANS PARISH SCOTT G. VINCENT ASSISTANT DISTRICT ATORNEY 619 South White Street New Orleans, Louisiana 70119 COUNSEL FOR APPELLEE/STATE OF LOUISIANA

CHRISTOPHER A. ABERLE LOUISIANA APPELLATE PROJECT P.O. Box 8583 Mandeville, Louisiana 70470 COUNSEL FOR DEFENDANT/APPELLANT

CONVICTIONS AND SENTENCES VACATED; REMANDED

JULY 8, 2020

JFM This matter is on remand from the United States Supreme Court pursuant to EAL RLB Ramos v. Louisiana, ____ U.S. ____, 140 S.Ct. 1390, ____ L.Ed.2d ___ (2020),

(holding that jury verdicts in state felony cases must be unanimous). For the reasons set forth below, defendant’s convictions and sentences are vacated.

DISCUSSION

The defendant was convicted of two counts of second degree murder by a ten-to-two jury vote. On appeal to this Court, the defendant asserted three assignments of error: 1) the non-unanimous jury verdict was unconstitutional; 2)

the trial court erred in denying a motion to quash regarding the time limitations to retry the defendant; and 3) the trial court erred in refusing to declare a mistrial when the state declined to call a witness whom the state promised to call in opening statements. See State v. Lewis, 2016-0224, (La. App. 4 Cir. 12/19/16), 209 So.3d 202. This Court affirmed the defendant’s convictions and sentences.

The defendant’s writ application filed with the Louisiana Supreme Court was denied. See State v. Lewis, 2017-0340, (La. 9/14/18), 251 So.3d 1087. While the defendant’s writ application to the U.S. Supreme Court was pending, the Court rendered a decision in Ramos. On April 27, 2020, the U.S. Supreme Court ordered

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that the defendant’s cause be vacated and remanded to this Court for further consideration in light of Ramos. See Lewis v Louisiana, ____ U.S. ____ S.Ct. ____, (2020) (2020 WL 1978925).

DECREE

In light of the order issued by the U.S. Supreme Court, the defendant’s convictions by non-unanimous jury verdict and respective sentences are vacated, and the case is remanded to the district court for further proceedings.

CONVICTIONS AND SENTENCES VACATED; REMANDED