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State v. Kelly

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
May 12, 2020
NO. 2020 KW 0273 (La. Ct. App. May. 12, 2020)

Opinion

NO. 2020 KW 0273

05-12-2020

STATE OF LOUISIANA v. WILBERT KELLY, JR.


In Re: Wilbert Kelly, Jr., applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 03-CR-898 BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The district court's ruling denying relator's motion to declare Louisiana Code of Criminal Procedure article 782(A) unconstitutional is vacated for the sole purpose of remanding the matter to the district court for a hearing on relator's claim regarding his conviction by a non-unanimous jury verdict, in light of Ramos v. Louisiana, ___ U.S. ___, ___ S.Ct. ___, ___ L.Ed.2d ___ (2020), 2020 WL 1906545.

JMM

MRT

WRC

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Kelly

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
May 12, 2020
NO. 2020 KW 0273 (La. Ct. App. May. 12, 2020)
Case details for

State v. Kelly

Case Details

Full title:STATE OF LOUISIANA v. WILBERT KELLY, JR.

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: May 12, 2020

Citations

NO. 2020 KW 0273 (La. Ct. App. May. 12, 2020)