Opinion
No. 2019-K-01733
10-06-2020
STATE of Louisiana v. James Matthew COLE
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.