State of Louisiana v. Kendall Barnes Derrick Groves

Opinion

STATE OF LOUISIANA * NO. 2020-KA-0450 VERSUS * COURT OF APPEAL

KENDALL BARNES * FOURTH CIRCUIT DERRICK GROVES * STATE OF LOUISIANA

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SCJ JENKINS, J., CONCURS WITH REASONS

I respectfully concur with the majority opinion. I agree, for the reasons stated by the majority, with the affirmation of Defendant Barnes’ convictions and sentences for possession of a firearm by a convicted felon and with the remand for the imposition of the mandatory fines. In addition, I agree that the non-unanimous convictions of both defendants for second degree murder and attempted second degree murder must be vacated and remanded pursuant to Ramos v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020). But, in consideration that the non-unanimous verdicts are unconstitutional and those convictions must be vacated and remanded for a new trial, I find any discussion of the sufficiency of evidence to sustain the convictions is rendered moot and should not be addressed by this Court’s opinion.