State Of Louisiana v. Kentreal Jarbar Howard

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1102

VERSUS

KENTREAL JARBAR HOWARD FEBRUARY 1, 2021

In Re: Kentreal Jarbar Howard, for applying supervisory writs, 32nd Judicial District Court, Parish of

Terrebonne, No. 718291 c/ w 744470.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT DENIED. Relator" s numerous claims are without merit on their face, unsupported or refuted by the documents included with the writ application, and/ or not supported by the

applicable law and jurisprudence. Thus, he did not meet his burden of proof on his claims. See La. Code Crim. P. art. 930. 2. Furthermore, 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 whether its holding applied

retroactively to cases on collateral review. See Ramos, U. S. at , 140 S. Ct. at 1407. The question of whether Ramos must apply retroactively to cases on federal collateral review is currently pending before 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

proceedings pending a decision 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 deter ruling until the United States Supreme Court mandates action). Therefore, we are to constrained 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).

MRT EW CHH

COURT OF APPEAL, FIRST CIRCUIT

CIN

EPUTY C E K OF COURT

FOR THE COURT