State of Louisiana Versus Rojae Dumas

• Court: Louisiana Court of Appeal
• Decided: November 24, 2021
• Docket: 21-KA-143
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 21-KA-143

VERSUS FIFTH CIRCUIT

ROJAE DUMAS COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT PARISH OF ST. JAMES, STATE OF LOUISIANA NO. 79,19, DIVISION "A" HONORABLE JASON VERDIGETS, JUDGE PRESIDING

November 24, 2021

SUSAN M. CHEHARDY CHIEF JUDGE

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Hans J. Liljeberg

VACATED AND REMANDED SMC FHW HJL COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Ricky L. Babin Lindsey D. Manda Donald D. Candell

COUNSEL FOR DEFENDANT/APPELLANT, ROJAE DUMAS Bruce G. Whittaker CHEHARDY, C.J.

A nonunanimous jury convicted defendant, Rojae Dumas, of one count of

manslaughter, a violation of La. R.S. 14:31. The trial court sentenced him to

twenty-five years at hard labor, with credit for time served. Mr. Dumas appeals his

conviction and sentence. Pursuant to Ramos v. Louisiana, 590 U.S. --, 140 S.Ct.

1390, 206 L.Ed.2d 583 (2020), we vacate Mr. Dumas’ conviction and sentence and

remand the matter to the trial court for a new trial.

On February 26, 2018, Mr. Dumas was indicted for the second degree

murder of his step-father, Reynald Jackson, a violation of La. R.S. 14:30.1. Mr.

Dumas was arraigned and pled not guilty on March 19, 2018. Trial commenced

before a twelve-person jury on September 17, 2019, and concluded on September

19, 2019, with a non-unanimous verdict by a margin of eleven to one of the

responsive verdict of guilty of manslaughter.

On November 18, 2019, the trial court sentenced Mr. Dumas to twenty-five

years at hard labor in the custody of the Department of Corrections, with credit for

time served. On December 17, 2019, Mr. Dumas filed a pro se motion to

reconsider sentence, which was denied on December 26, 2019. A motion for

appeal was granted that same day.

Mr. Dumas now comes before this Court on original appeal requesting that

his conviction and sentence be vacated on grounds that the non-unanimous verdict

violates his rights to due process and equal protection guaranteed by the Sixth and

Fourteenth Amendments of the United States Constitution. We agree.

In Ramos, supra, the United States Supreme Court held that the Sixth

Amendment’s right to a jury trial, as incorporated against the States under the

Fourteenth Amendment, requires a unanimous jury verdict to convict a defendant

of a serious offense in both federal and state courts. As a result, the State will have

to retry any defendant convicted of serious offenses by non-unanimous juries and

21-KA-143 1 whose cases are still pending on direct appeal. State v. Spears, 18-663 (La. App. 5

Cir. 1/13/21); 309 So.3d 1039, 1041. The instant case is currently pending on

direct review of Mr. Dumas’ conviction for manslaughter, therefore, the holding in

Ramos applies. State v. Cohen, 19-949 (La. 1/27/21), 315 So.2d 202, citing

Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987).

The record reflects that Mr. Dumas’ conviction for manslaughter was by a

11-1 jury vote. Since the punishment for this offense necessitates confinement at

hard labor, a jury concurrence of all 12 persons was required to render a verdict.

Therefore, Mr. Dumas is entitled to a new trial.

DECREE

For the foregoing reasons, Rojas Dumas’ conviction and sentence for

manslaughter are vacated, and the matter is remanded to the trial court for a new

trial.

VACATED AND REMANDED

21-KA-143 2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY NOVEMBER 24, 2021 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

21-KA-143 E-NOTIFIED 23RD JUDICIAL DISTRICT COURT (CLERK) HON. JASON VERDIGETS (DISTRICT JUDGE) DONALD D. CANDELL (APPELLEE) LINDSEY D. MANDA (APPELLEE) GRANT L. WILLIS (RESPONDENT)

MAILED HONORABLE RICKY L. BABIN BRUCE G. WHITTAKER (APPELLANT) HONORABLE JEFFREY M. LANDRY (APPELLEE) ATTORNEY AT LAW (RESPONDENT) DISTRICT ATTORNEY LOUISIANA APPELLATE PROJECT ATTORNEY GENERAL 23RD JUDICIAL DISTRICT COURT 1215 PRYTANIA STREET LOUISIANA DEPARTMENT OF JUSTICE POST OFFICE BOX 66 SUITE 332 1885 NORTH 3RD STREET CONVENT, LA 70723 NEW ORLEANS, LA 70130 6TH FLOOR, LIVINGSTON BUILDING BATON ROUGE, LA 70802