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STATE of Louisiana v. James Matthew COLE
Writ application granted in part. See per curiam.
Writ granted in part. Defendant's convictions were not final when Ramos v. Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), was decided, and therefore the holding of Ramos applies to any non-unanimous verdicts in these proceedings. See Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 716, 93 L.Ed.2d 649 (1987). The matter is remanded to the court of appeal for further proceedings and to conduct a new error patent review in light of Ramos v. Louisiana. The remand order does not pertain to defendant's conviction for second degree rape, which was by unanimous verdict. The application is otherwise denied.
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Docket No: No. 2019-K-01733
Decided: October 06, 2020
Court: Supreme Court of Louisiana.
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