State Of Louisiana v. Eyba Brown

• Court: Louisiana Court of Appeal
• Decided: November 10, 2020
• Docket: 2020KW0917
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0917

VERSUS

EYBA BROWN NOVEMBER 10, 2020

In Re: Eyba Brown, for applying supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 295, 969.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT DENIED. In Ramos v. Louisiana, _ U. S., 140 S. Ct. 1390, 1397, 206 L. Ed. 2d 583 ( 2020), the United States Supreme Court held, " the Sixth Amendment' s unanimity requirement applies to state and federal criminal trials equally." However, the Court declined to address its whether holding applied retroactively to cases on collateral review. The Court specifically observed that the question of "[ w] hether the right to jury unanimity applies to cases on collateral review is a question for a future case where the parties will have a chance to brief the issue and we will benefit from their adversarial presentation." See Ramos, U. S. 140 at , S. Ct. at 1407. The question of whether Ramos must apply retroactively to cases on federal collateral review is before currently pending the Court. Edwards U. S. —, v. Vannoy, — 140 S. Ct. 2737, 206 L. Ed. 2d 917 ( 2020). Moreover, the Louisiana Supreme Court has declined to definitively rule on whether Ramos should apply on collateral review in state court decision proceedings pending a in Edwards. See State v. Gipson, 2019- 01815 ( La. 6/ 3/ 20), 296 So. 3d 1051, 1052 ( Johnson, C. J., dissenting to point out that

she disagreed with the majority' s decision to defer ruling until the United States Supreme Court mandates action). Therefore, we are constrained to deny relief at this time. However, our decision does not preclude relator from reurging the issue in the district court if warranted by the decision of the higher court (s) .

JMG PMC WIL

COURT OF APPEAL, FIRST CIRCUIT

k Ll DEPUTY dLEAK OF COURT FOR THE COURT