State of Louisiana v. Cardell A. Hayes

Opinion

STATE OF LOUISIANA * NO. 2017-KA-0789

VERSUS * COURT OF APPEAL

CARDELL A. HAYES * FOURTH CIRCUIT

*

STATE OF LOUISIANA

*******

APPEAL FROM

CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 528-975, SECTION “H” Honorable Camille Buras, Judge ******

Judge Joy Cossich Lobrano ******

ON REMAND FROM THE UNITED STATES SUPREME COURT

(Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Sandra Cabrina Jenkins)

Leon Cannizzaro District Attorney Donna Andrieu Assistant District Attorney, Chief of Appeals Kyle Daly Assistant District Attorney Laura Rodrigue Assistant District Attorney Jason Napoli Assistant District Attorney DISTRICT ATTORNEY'S OFFICE, ORLEANS PARISH 619 South White Street New Orleans, LA 70119

COUNSEL FOR STATE/APPELLEE

Paul J. Barker Christen E. DeNicholas LAW OFFICES OF PAUL J. BARKER, LLC 700 Camp Street, Suite 418 New Orleans, LA 70130

COUNSEL FOR DEFENDANT/APPELLANT

CONVICTIONS AND SENTENCES VACATED AND REMANDED.

February 19, 2021

JCL The facts and procedural history of this case were set out in this Court’s TFL appellate opinion. State v. Hayes, 2017-0789 (La. App. 4 Cir. 3/27/19); ___ SCJ So.3d___, 2019 WL 1386493. On December 11, 2016, the defendant, Cardell

Hayes (“Defendant”), was convicted by ten-to-two votes of the responsive verdicts

of manslaughter and attempted manslaughter, as reflected in the transcript of the

polling of the jury following trial. On March 27, 2019, this Court affirmed

Defendant’s convictions and sentences, rejecting multiple assignments of error.

Hayes, 2017-0789, p. 1, (La. App. 4 Cir. 3/27/19); ___ So. 3d at ___, 2019 WL

1386493, *1. The Louisiana Supreme Court denied writs on March 9, 2020. State

v. Hayes, 2019-00808 (La. 3/9/20); 294 So.3d 485.

Defendant thereafter sought direct review in the United States Supreme

Court. On January 11, 2021, the United States Supreme Court granted certiorari,

vacated the judgment, and remanded the case to this Court for further consideration

in light of Ramos v. Louisiana, 140 S.Ct. 1390, 206 L.E.d.2d 583 (2020).1 Hayes v.

Louisiana, 20-5123, ___ S.Ct. ___, 2021 WL 78044, *1 (2021).

In further consideration in light of Ramos, and finding that the verdicts were

non-unanimous, we vacate Defendant’s convictions by non-unanimous jury

verdicts and sentences and remand the case to the district court for further

proceedings.

1 The United States Supreme Court stated:

The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Court of Appeal of Louisiana, Fourth Circuit for further consideration in light of Ramos v. Louisiana, 590 U. S. –––– (2020).

Hayes v. Louisiana, 20-5123, ___ S.Ct. ___, 2021 WL 78044, *1 (2021).

CONVICTIONS AND SENTENCES VACATED AND REMANDED.