State Of Louisiana v. Rashan Williams

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0930

VERSUS

RASHAN WILLIAMS NOVEMBER 10, 2020

In Re: Rashan Williams, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 98-

CR5- 73282.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT DENIED. In Ramos v. Louisiana, _ U. S._, r 140

1390, 1397, 206 L. Ed. 2d 583 ( 2020), the United States S. Ct. Supreme Court held, " the Sixth Amendment' s unanimity requirement However,

applies to state and federal criminal trials equally." the Court declined to address whether its holding applied

to cases on collateral review. The Court retroactively the question of "[ w] hether the right specifically observed that to cases on collateral review is a to jury unanimity applies

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 . 1140 S. Ct. at 1407. The question of whether Ramos must apply retroactively to cases

on federal collateral review is currently pending before the

Edwards U. S. —, 140 S. Ct. 2737, 206 Court. v. Vannoy, _ L. Ed. 2d 917 ( 2020). Moreover, the Louisiana Supreme Court has

declined to whether Ramos should apply on definitively rule 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 defer ruling until the United States Supreme Court mandates action). Therefore, we

this time. However, our are constrained to deny relief at

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

5DEPUTY FOR G RK

THE

OF

COURT

COURT