STATE v. GRAYER (2023)

Writ application granted. See per curiam.

Writ granted. We vacate the district court's ruling, which granted post-conviction relief after it found that Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), applies retroactively in state collateral proceedings to this final conviction. See State v. Reddick, 2021-01893 (La. 10/21/22), 351 So.3d 273. We deny the application for post-conviction relief and the motion to correct an illegal sentence. We reinstate the conviction and sentence, and remand for further proceedings consistent with this ruling.

REVERSED AND REMANDED

GENOVESE, J., would grant in part and deny in part this writ in accordance with the per curiam except as to the Reddick claim, which I would grant in part as set forth in my reasons in State v. Reddick, 2021-01893 (La. 10/21/22), 351 So.3d 273.

I respectfully dissent and would affirm the trial court's grant of a new trial. See State v. Reddick, 21-1893 (La. 10/21/22), 351 So.3d 273 (Griffin, J., dissenting).

Genovese, J., would grant in part and deny in part and assigns reasons. Griffin, J., dissents and assigns reasons.