STATE v. LEWIS (2020)

ON REMAND FROM THE UNITED STATES SUPREME COURT

This matter is on remand from the United States Supreme Court pursuant to Ramos v. Louisiana, ––– U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), (holding that jury verdicts in state felony cases must be unanimous). For the reasons set forth below, defendant's convictions and sentences are vacated.

DISCUSSION

The defendant was convicted of two counts of second degree murder by a ten-to-two jury vote. On appeal to this Court, the defendant asserted three assignments of error: 1) the non-unanimous jury verdict was unconstitutional; 2) the trial court erred in denying a motion to quash regarding the time limitations to retry the defendant; and 3) the trial court erred in refusing to declare a mistrial when the state declined to call a witness whom the state promised to call in opening statements. See State v. Lewis, 2016-0224, (La. App. 4 Cir. 12/19/16), 209 So.3d 202. This Court affirmed the defendant's convictions and sentences.

The defendant's writ application filed with the Louisiana Supreme Court was denied. See State v. Lewis, 2017-0340, (La. 9/14/18), 251 So.3d 1087. While the defendant's writ application to the U.S. Supreme Court was pending, the Court rendered a decision in Ramos. On April 27, 2020, the U.S. Supreme Court ordered that the defendant's cause be vacated and remanded to this Court for further consideration in light of Ramos. See Lewis v Louisiana, ––– U.S. ––––, 140 S.Ct. 2711, 206 L.Ed.2d 848 (2020).

DECREE

In light of the order issued by the U.S. Supreme Court, the defendant's convictions by non-unanimous jury verdict and respective sentences are vacated, and the case is remanded to the district court for further proceedings.

CONVICTIONS AND SENTENCES VACATED; REMANDED

Chief Judge, James F. McKay III