State of Louisiana v. David Billy Parker, Jr.

• Court: Louisiana Court of Appeal
• Decided: July 22, 2020
• Docket: KA-0018-0797
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

18-797

STATE OF LOUISIANA

VERSUS

DAVID BILLY PARKER, JR.

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ON REMAND

APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 6566-16 HONORABLE GUY ERNEST BRADBERRY, DISTRICT JUDGE

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CANDYCE G. PERRET JUDGE

Court composed of D. Kent Savoie, Candyce G. Perret, and Jonathan W. Perry, Judges.

CONVICTIONS AND SENTENCES VACATED; REMANDED FOR NEW TRIAL. Mary Constance Hanes Louisiana Appellate Project Post Office Box 4015 New Orleans, LA 70178-4015 (504) 866-6652 COUNSEL FOR DEFENDANT/APPELLANT: David Billy Parker, Jr.

John F. DeRosier 14th JDC District Attorney Karen C. McLellan Assistant District Attorney Elizabeth B. Hollins Assistant District Attorney 901 Lakeshore Drive, Suite 800 Lake Charles, LA 70601 (337) 437-3400 COUNSEL FOR APPELLEE: State of Louisiana PERRET, Judge.

Defendant, David Billy Parker, Jr., was convicted of armed robbery and of

false imprisonment with a dangerous weapon on January 26, 2018. The trial court

sentenced Defendant to seventy-five years without benefit of parole, probation, or

suspension of sentence for armed robbery and to ten years for false imprisonment

with a dangerous weapon. The trial court ordered the sentences to run

consecutively to each other and consecutively to prior sentences in another case for

a total of one hundred forty years in jail, with credit for time served.

This court affirmed Defendant’s convictions but vacated his sentence for

false imprisonment with a dangerous weapon and remanded the case for

resentencing with instructions for the trial court to specify whether the sentence

was to be served with or without hard labor. This court also amended Defendant’s

sentence for armed robbery to reflect it was to be served at hard labor. State v.

Parker, 18-797 (La.App. 3 Cir. 5/1/19), 270 So.3d 759. Defendant timely filed a

writ application with the Louisiana Supreme Court on May 21, 2019. One of his

assignments of error alleged the unconstitutionality of his ten-to-two jury verdict.

On June 3, 2020, the Louisiana Supreme Court granted Defendant’s writ

application on that issue and remanded the case to this court. State v. Parker, 19-

825 (La. 6/3/20), ___ So.3d ___ (per curiam). On remand, this court now vacates

Defendant’s convictions and sentences and remands this matter to the trial court

for a new trial.

DISCUSSION:

After the trial court announced the jury verdict at trial, it noted, “The polling

results, after review of the same, was [sic] ten to two for a guilty verdict on each

count.” On April 20, 2020, the United States Supreme Court held Louisiana’s

provision for a non-unanimous jury verdict was unconstitutional. Ramos v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390 (2020). Although the concurring justices

did not join in all parts of the majority opinion, the Supreme Court unambiguously

determined that non-unanimous verdicts are not permitted by the Sixth

Amendment to the Constitution. The prohibition applies to the states through the

Fourteenth Amendment. Id. at p. 1397; see also concurrences by Sotomayor,

Kavanaugh, and Thomas, JJ. The decision applies to cases pending on direct

review.

As the supreme court noted in its remand, Defendant’s case was still in the

process of direct review at the time of the Ramos decision. Thus, Ramos applies

and requires Defendant’s convictions by a non-unanimous jury be reversed.

DECREE:

For these reasons, Defendant’s convictions and sentences are reversed, and

this case is remanded to the trial court for a new trial pursuant to Ramos v.

Louisiana, 590 U.S. ___, 140 S.Ct. 1390 (2020).

CONVICTIONS AND SENTENCES VACATED; REMANDED FOR

NEW TRIAL.