Opinion
2024 KW 0490
08-12-2024
STATE OF LOUISIANA v. PERCY JOHNSON
In Re: Percy Johnson, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 60164.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT DENIED. The new rule of criminal procedure announced in Ramos v. Louisiana, 590 U.S. 83, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), which provides for unanimity in jury verdicts is not retroactive in Louisiana. State v. Reddick, 2021-01893 (La. 10/21/22), 351 So.3d 273, 283. See also State v. Jackson, 202200720 (La. 5/16/23), 360 So.3d 473 (per curiam). Relator's conviction became final in 1993, after the expiration of the period to seek appellate review. See La. Code Crim. P. art. 914. Therefore, relator's April 5, 2024, application for postconviction relief is untimely. Relator failed to demonstrate that the Article 930.8 exceptions were applicable to his case.
EW
SMM
HG