Opinion
2021-KO-1232
02-08-2022
STATE OF LOUISIANA v. JEROME GRAY
IN RE: Jerome Gray - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Iberville, 18th Judicial District Court Number(s) 267-16, Court of Appeal, First Circuit, Number(s) 2020 KA 0685;
Writ application granted in part. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
ON SUPERVISORY WRITS TO THE EIGHTEENTH JUDICIAL DISTRICT COURT, PARISH OF IBERVILLE
PER CURIAM
Writ granted in part; otherwise denied. 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, 590 U.S.__, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020). If the non-unanimous jury verdict claim, presented in a pro se supplemental filing, was not preserved for review in the trial court or was abandoned during any stage of the proceedings, the court of appeal should nonetheless consider the issue as part of its error patent review. See La.C.Cr.P. art. 920(2).
The present matter was pending on direct review when Ramos v. Louisiana was decided, and therefore the holding of Ramos applies. See Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 716, 93 L.Ed.2d 649 (1987). Nothing herein should be construed as a determination as to whether that ruling will apply retroactively on state collateral review to those convictions and sentences that were final when Ramos was decided.