STATE v. MAGEE (2018)

ON SUPERVISORY WRITS TO THE TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY

Writ granted in part. In McCoy v. Louisiana, ––– U.S. ––––, 138 S.Ct. 1500, 200 L.Ed.2d 821 (2018), the United States Supreme Court found that counsel's admission of defendant McCoy's guilt over defendant's clearly-stated and persistent objection was a structural error that is incompatible with the Sixth Amendment thereby mandating a new trial. In light of that ruling, we grant in part to remand to the district court to determine in the first instance if McCoy v. Louisiana applies retroactively on state collateral review, and, if it does apply, whether this defendant is entitled to relief under that decision. In all other aspects, the application is denied.

REMANDED.

PER CURIAM: