State of Louisiana v. Ervin Leanard Walker

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT 19-421

STATE OF LOUISIANA VERSUS ERVIN LEANARD WALKER

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APPEAL FROM

TENTH JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES, NO. C25217 HONORABLE LALA BRITTAIN SYLVESTER, DISTRICT JUDGE

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SYLVIA R. COOKS

JUDGE

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Court composed of Sylvia R. Cooks, Billy H. Ezell and Jonathan W. Perry, Judges.

REVERSED; REMANDED FOR A NEW TRIAL.

Chad M. Ikerd Louisiana Appellate Project P.O. Box 2125 Lafayette, LA 70502 (225) 806-2936 Attorney for Defendant/Appellant: Ervin Leanard Walker

Amanda McCLung Assistant District Attorney Tenth Judicial District P.O. Box Number 838 Natchitoches, LA 71457 (318) 357-2214 Attorney for Appellee: State of Louisiana

COOKS, Judge.

Defendant filed a Motion for a Unanimous Jury on August 3, 2018, on the basis that La.Code Crim.P. art. 782(A) and La.Const. art. 1, § 17 were unconstitutional and violated the Equal Protection Clause of the Fourteenth Amendment. That motion was denied on August 7, 2018. Defendant was subsequently tried by a jury of twelve, ten of whom concurred in the verdict.

The United States Supreme Court recently held non-unanimous jury verdicts unconstitutional. Ramos v. Louisiana, 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 United States 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 it own sequence of page numbers.