State Of Louisiana v. Rubin Wade

Opinion

STATE OF LOUISIANA NO. 2023 KW 0417

VERSUS

RUBIN WADE JULY 28, 2023

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, No. 11- 81- 0270.

BEFORE: HOLDRIDGE, CHUTZ, AND PENZATO, JJ.

WRIT GRANTED. The new rule of criminal procedure announced in Ramos v. Louisiana, U. S. 1 140 S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020), which provides for unanimity in jury verdicts is not retroactive in Louisiana. State v. Reddick, 2021- 01893 ( La. 10/ 21/ 22), 351 So. 3d 273, 283. See also State v. Jackson, 2022- 00720 ( La. 5/ 16/ 23), 360 So. 3d 273 ( per curiam). The defendant' s convictions became final in 1986. See La. Code Crim. P. art. 922 ( B) . Accordingly, the district court' s order

overruling the procedural objection of untimeliness to defendant' s application for postconviction relief, filed in February 2021, and directing the district attorney to file an

answer on the merits is reversed. See La. Code Crim. P. art.

930. 8( A)( 2). Therefore, the application for postconviction

relief is hereby dismissed. See State v. Brumfield, 2009- 1084 La. 9/ 2/ 09), 16 So. 3d 1161, 1162.

Mil

am-

Holdridge, J., concurs. This action does not prevent the defendant from requesting postconviction relief and a raising constitutional challenge to his conviction upon a showing that his conviction by a non - unanimous jury was due to racial animus or that the jurors voting not guilty had a valid basis to find that the defendant was not proven guilty beyond a reasonable

doubt from the evidence presented. State v. Reddick, 2021- 01893 La. 10/ 21/ 22), 351 So. 3d 273. ( Genovese, J., in dissenting part; Griffin, J., dissenting)

COURT OF APPEAL, FIRST CIRCUIT