STATE v. DYSON (2021)

Defendant, Corlious C. Dyson, was indicted for the August 26, 2012 second degree murder of Clement Amos. Mr. Dyson's jury trial commenced on November 17, 2015, and on November 20, 2015, the jury returned a non-unanimous verdict of guilty of second degree murder. The trial court sentenced Defendant to life imprisonment without the benefit of parole, probation, or suspension of sentence. Following the pronouncement of the sentence, Defendant filed a “Motion for Reconsideration of Sentence.” The trial court denied the motion in open court.

Defendant perfected an appeal and asserted that the evidence was insufficient to support his conviction. We affirmed Defendant's conviction and sentence. State v. Dyson, 17-21 (La.App. 3 Cir. 5/17/17), 220 So.3d 785. Defendant sought a writ of certiorari or review from the Louisiana Supreme Court, which denied his application. State v. Dyson, 17-1048 (La. 1/14/19), 261 So.3d 784.

Defendant then turned to the United States Supreme Court, which granted certiorari and remanded the matter to this court on the basis of Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2019), which invalidated non-unanimous jury convictions in serious cases. Dyson v. Louisiana, ––– U.S. ––––, 140 S.Ct. 2710, 206 L.Ed.2d 849 (2020). In light of Ramos, we vacate Defendant's conviction and remand to the trial court for a new trial.

CONVICTION VACATED. REMANDED.

GREMILLION, Judge.