STATE v. ESSEX (2020)

Writ application denied.

On Supervisory Writ to the 2nd Judicial District Court, Parish of Jackson

The defendant claims he was convicted by a non-unanimous jury verdict and, therefore, that his conviction violates the Constitution. If he was convicted by a non-unanimous jury then I believe the conviction must be vacated because the Supreme Court's recent decision in Ramos v. Louisiana, ––– U.S. ––––, 140 S. Ct. 1390, 206 L.Ed.2d 583 (2020) should be applied retroactively to cases on state collateral review.

I would grant the writ and remand with instructions to the district court to establish—if it is possible to do so from contemporaneous record of the trial, jury deliberations, and votes—whether the verdict in this case was unanimous. If the record shows that the verdict was non-unanimous, then for the reasons I articulated in State v. Gipson, 19-01815 (La. 06/03/20), 296 So.3d 1051, the defendant should be permitted to file a collateral challenge to his conviction pursuant to La. C. Cr. P. art. 930.3(1) and argue for the retroactive application of Ramos to his case under 930.8(A)(2).

Johnson, C.J., would grant and assigns reasons.