State Of Louisiana v. Jerry Moore

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 HW 0579

VERSUS

JERRY MOORE JULY 19, 2021

In Re: Jerry Moore, applying for writs, 22nd supervisory

Judicial District Court, Parish of St. Tammany, No. 355, 706- 1.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT DENIED. The decision in Ramos v. Louisiana, 590 U. S.

140 S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020), does not apply retroactively on federal collateral review. See Edwards v.

Vannoy, U. S. , 141 S. Ct. 1547, 1552, L. Ed. 2d 2021). Furthermore, Ramos is inapplicable to defendants like relator, who were convicted of a serious offense by a unanimous jury verdict. Moreover, jury instructions the were not

erroneous, as they were based upon the law in effect at the time of relator' s 2006 jury trial. See State v. Sugasti, 2001- 3407 La. 6/ 21/ 02), 820 So. 2d 518, 520. See also State v. Williams, 20- 46 ( La. App. 5th Cir. 12/ 30/ 20), 308 So. 3d 791, 836, writ

denied, 2021- 00316 ( La. 5/ 25/ 21), So. 3d F 2021 WL

2102374. Accordingly, the district court dial not err by denying relator' s successive application for postconviction relief and

the motions that accompanied it.

VGW JEW EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUT CLERK OF COURT FOR THE COURT