Opinion
2022 KW 0391
06-21-2022
STATE OF LOUISIANA v. MICHAEL BEVERLY
Michael Beverly, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 07-90-1510.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT DENIED.
VGW
EW
Guidry, J., dissents and would stay the writ application. The decision whether to apply Ramos v. Louisiana, ___U.S. ___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020) retroactively and grant postconviction relief on state collateral review to defendants convicted by nonunanimous juries in all or certain circumstances remains with the Louisiana Supreme Court. A state court may give broader effect to new rules of criminal procedure than is required by the relevant opinion. See Danforth v. Minnesota, 552 U.S. 264, 128 S.Ct. 1029, 169 L.Ed.2d 859 (2008). I would hereby stay the writ application pending the Louisiana Supreme Court's decision in State v. Reddick, 2021-1893 (La. 2/15/22), 332 So.3d 1173, wherein the court has granted the writ application for consideration of whether Ramosapplies retroactively on state collateral review.