State Of Louisiana v. Sadat El-Amin

• Court: Louisiana Court of Appeal
• Decided: December 30, 2020
• Docket: 2020KW1069
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1069

VERSUS

SADAT EL- AMIN DECEIVER 30, 2020

In Re: Sadat El -Amin, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 09 - CRI - 101854.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT DENIED. 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 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 on apply 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

are constrained to deny relief at this time. However, our decision does not preclude from issue in relator reurging the the district court if warranted by the decision of the higher courts.

JMG PMC WIL

D PUTY

FOR LCLEPOF THE COURT COURT