Opinion
2022 KW 0755
08-29-2022
STATE OF LOUISIANA v. PRESTON SCOTT CORKERN
In Re: Preston Scott Corkern, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. CR2-80439.
BEFORE: McDONALD, McCLENDON, AND HOLDRIDGE, JJ.
WRIT DENIED.
JMM
PMc
Holdridge, J., dissents in part 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 reguired by the relevant opinion. See Danforth v. Minnesota, 552 U.S. 2 64, 12 8 S.Ct. 1029, 169 L.Ed.2d 859 (2008). I would 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 Ramos applies retroactively on state collateral review.