State of Louisiana v. Donald Broussard

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT 19-792

STATE OF LOUISIANA VERSUS DONALD BROUSSARD

************

APPEAL FROM

SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF IBERIA, NO. 17-284 HONORABLE CURTIS SIGUR, DISTRICT JUDGE

************

SYLVIA R. COOKS

JUDGE

************

Court composed of Sylvia R. Cooks, Phyllis M. Keaty and Van H. Kyzar, Judges.

REVERSED. REMANDED FOR A NEW TRIAL.

Pride J. Doran Dwazendra J. Smith Doran and Cawthorne 521 East Landry Street Opelousas, LA 70571 (337) 948-8008 Attorneys for Defendant/Appellant: Donald Broussard

Hon. M. Bofill Duhe´ District Attorney, Sixteenth Judicial District Janet M. Perrodin, Assistant District Attorney W. Claire Howington, Assistant District Attorney 300 Iberia Street, Suite 200 New Iberia, LA 70560 (337) 369-4420 Attorneys for Appellee: State of Louisiana

COOKS, Judge.

The record in this case shows the jury was polled and returned a verdict of guilty of negligent homicide, a violation of La.R.S. 14:32, by a vote of eleven to one.

The United States Supreme Court recently held non-unanimous jury verdicts unconstitutional. Ramos v. Louisiana, 2020 WL 1906545, 590 U.S. ___, ___ S.Ct. ___ (2020). (Slip Op.). The Supreme Court unambiguously determined that non- unanimous verdicts are not permissible under the Sixth Amendment to the Constitution and the prohibition applies to the states through the Fourteenth Amendment. (Slip Op. at p. 26; see also concurrences by Sotomayor, Kavanaugh, and Thomas, JJ.).1 Further, the opinion recognizes, that its ruling applies to cases pending on direct review. (Slip Op. at 22-23.) Justice Kavanaugh’s concurrence states this explicitly. (Slip Op. at 15-17.) Such review is in keeping with this state’s jurisprudence. See, State v. Ruiz, 06-1755 (La. 4/11/07), 955 So.2d 81. We therefore find the Ramos ruling is applicable and it requires Defendant’s conviction by a non- unanimous jury verdict be reversed. Accordingly, the case must be remanded for a new trial.

REVERSED. REMANDED FOR A NEW TRIAL.

1 Each concurrence has its own sequence of page numbers.