STATE v. YOUNG (2020)

Writ application denied.

Mr. Young has been in prison for 41 years. He requests the jury polling slips from his 1980 trial to ascertain whether the jury verdict was unanimous. Under La. C. Cr. P. art. 930.8(a)(2), he may still file for post-conviction relief if he can show that his application is “based upon a final ruling of an appellate court establishing a theretofore unknown interpretation of constitutional law.” Ramos v. Louisiana, ––– U.S. ––––, 140 S. Ct. 1390, 206 L.Ed.2d 583 (2020) held that Louisiana's non-unanimous jury scheme violates the Sixth Amendment to the United States Constitution. Because this Court has not yet decided whether Ramos will apply retroactively to cases on state collateral review, Mr. Young is entitled to argue that it should and that, therefore, he is excepted from the time-limitation of La. C. Cr. P. art. 930.8(A)(2). But he cannot file a post-conviction relief application arguing that he is entitled to the benefit of Ramos if he cannot show that he was convicted by non-unanimous jury verdict. And he cannot show that he was convicted by a non-unanimous jury verdict without the clerk providing him with the jury polling slips. The Jefferson Parish Clerk of Court is not the entity that decides whether Ramos will be applied retroactively on state collateral review. We are. In my view the defendant is entitled to the records he seeks under the Louisiana Public Records Law because his request is covered by La. R.S. 44:31.1, which limits the circumstances in which an inmate can obtain public records to “grounds upon which the individual could file for post-conviction relief under Code of Criminal Procedure Article 930.3.”

Applicant has not filed an application for post-conviction relief, therefore his request is premature. Should this court or the United States Supreme Court decide to apply the Ramos case retroactively, applicant may file at that time.

Johnson, C.J., would grant and assigns reasons. Hughes, J., additionally concurs and assigns reasons. Crain, J., would grant.