State of Louisiana v. Tracey N. Williams

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

19-641

STATE OF LOUISIANA

VERSUS

TRACEY N. WILLIAMS

**********

REMAND FROM

THE SUPREME COURT OF LOUISIANA 2020-K-00473

**********

APPEAL FROM THE

FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 16917-17 HONORABLE DAVID A. RITCHIE, DISTRICT JUDGE

**********

JOHN E. CONERY

JUDGE

**********

Court composed of Elizabeth A. Pickett, Phyllis M. Keaty, and John E. Conery, Judges.

REVERSED. REMANDED FOR NEW TRIAL.

Chad M. Ikerd Louisiana Appellate Project Post Office Box 2125 Lafayette, Louisiana 70502 (225) 806-2930 COUNSEL FOR DEFENDANT/APPELLANT:

Tracey N. Williams

Tracey N. Williams David Wade Correctional Center 670 Bell Hill Road Homer, Louisiana 71040 PRO-SE DEFENDANT/APPELLANT:

Tracey N. Williams

John F. DeRosier District Attorney 14th Judicial District Post Office Box 3206 Lake Charles, Louisiana 70602-3206 (337) 437-3400 COUNSEL FOR APPELLEE:

State of Louisiana

John E. Turner Assistant District Attorney 14th Judicial District 901 Lakeshore Drive, Suite 800 Lake Charles, Louisiana 70601 (337) 437-3400 COUNSEL FOR APPELLEE:

State of Louisiana

Honorable Jeffrey M. Landry Attorney General Post Office Box 94005 Baton Rouge, Louisiana 70804 (225) 326-6200 COUNSEL FOR RESPONDENT:

Attorney General of the State of Louisiana

CONERY, Judge.

On December 10, 2018, Defendant, Tracey N. Williams, was convicted by an

eleven-to-one jury of indecent behavior with a juvenile, a violation of La.R.S. 14:81.

The trial court imposed a twenty-year sentence to be served at hard labor.

Defendant sought review by this court and argued, in part, that the non-

unanimous verdict was unconstitutional. This court affirmed the conviction and

sentence, finding no merit in Defendant’s contention that the eleven-to-one jury

verdict rendered in his case violated his due process and fair trial rights. See State

v. Williams, 19-641 (La.App. 3 Cir. 3/4/20) (unpublished).1

While Defendant’s writ application was pending with the Supreme Court of

Louisiana, the United States Supreme Court rendered Ramos v. Louisiana, _ U. S.

_, 140 S.Ct. 1390 (2020) and determined that non-unanimous decisions are not

permissible under the Sixth Amendment of the United States Constitution and that

the prohibition applies to the states through the Fourteenth Amendment. The

Supreme Court explained that the ruling is applicable to cases pending on direct

review. Id. The Supreme Court of Louisiana thus remanded this case for

reconsideration. State v. Williams, 20-473 (La. 9/8/20), 301 So.3d 14.

As noted in the original opinion, the verdict in this case was eleven-to-one and

Defendant objected at the time the jury was polled. Ramos, _ U.S. _, thus requires

that Defendant’s conviction and sentence be vacated and the matter remanded for a

new trial. See, e.g., State v. Leday, 19-105 (La.App. 3 Cir. 6/10/20), 298 So.3d 887.

1 2020 WL 1047356.

DECREE

For the foregoing reasons, Defendant’s conviction and sentence are reversed.

This matter is remanded for a new trial pursuant to Ramos v. Louisiana, _ U.S. _,

140 S.Ct. 1390 (2020).

REVERSED. REMANDED FOR NEW TRIAL.