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State v. Carter

Supreme Court of Louisiana.
Aug 14, 2020
300 So. 3d 834 (La. 2020)

Opinion

No. 2019-KH-02053

08-14-2020

STATE of Louisiana v. Marlon CARTER


Writ application denied.

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

Weimer, J., would grant to address the retroactivity of Ramos v. Louisiana, 140 S.Ct. 1390, 206 L.Ed. 2d 583 (2020).

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

I would grant the writ to clarify that 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. It is time we abandoned our use of Teague v. Lane , 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989) in favor of a retroactivity test that takes into account the harm done by the past use of non-unanimous jury verdicts in Louisiana courts.

Regardless of the words or legal grounds a defendant uses to challenge his conviction, and for the reasons I explain further in State v. Gipson , 19-KH-01815 (La. 06/03/20), 296 So.3d 1051, I believe Ramos should apply to anyone convicted by a non-unanimous jury.


Summaries of

State v. Carter

Supreme Court of Louisiana.
Aug 14, 2020
300 So. 3d 834 (La. 2020)
Case details for

State v. Carter

Case Details

Full title:STATE of Louisiana v. Marlon CARTER

Court:Supreme Court of Louisiana.

Date published: Aug 14, 2020

Citations

300 So. 3d 834 (La. 2020)