STATE v. WILLIAMS (2020)

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 See State v. Williams, 19-641 (La.App. 3 Cir. 3/4/20), 2020 WL 1047356 (unpublished).¹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, 206 L.Ed.2d 583 (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. ––––, 140 S.Ct. 1390, 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.

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, 206 L.Ed.2d 583 (2020).

REVERSED. REMANDED FOR NEW TRIAL.

FOOTNOTES

1.   2020 WL 1047356.

CONERY, Judge.