Opinion
2022 KW 0095
10-26-2022
STATE OF LOUISIANA v. HENRY J. MCMILLAN
In Re: Henry J. McMillan, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 15-CR7-129462.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
STAY LIFTED. WRIT DENIED. The jury unanimity rule set forth in Ramos v. Louisiana, ___U.S.___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020) does not apply retroactively in Louisiana. State v. Reddick, 2021-01893 (La. 10/21/22), ___So.3d ___.
GH
WRC
Guidry, J., concurs. As a judge of an intermediate appellate court of this state, I am constrained to concur in the denial of retroactive application of Ramos v. Louisiana, ___U.S. 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), in accordance with the recent majority decision of the Louisiana Supreme Court in State v. Reddick, 2021-01893 (La. 10/21/22), ___So.3d ___. However, I write separately to express my disagreement with upholding unconstitutional non-unanimous convictions on collateral review and to express my disappointment in this state's failure to correct the lingering legacy of discrimination and injustice embodied in such convictions for the more detailed reasons expressed by Justice Griffin in her dissenting opinion to the Reddick decision.