State Of Louisiana v. Kyle Jamar Harry

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0995

VERSUS

KYLE JAMAR HARRY DECEMBER 21, 2020

In Re: Kyle Jamar Harry, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 06- CR9- 94605.

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

WRIT DENIED. In Ramos v. Louisiana, U. S. I , 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 its address 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. 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 v. Vannoy, _ U. S. 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. 613/ 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) .

COURT OF APPEAL, FIRS CIRCUIT

DEPUTY CL RK OF COURT FOR THE COURT