Opinion
2022 KW 0887
10-11-2022
STATE OF LOUISIANA v. MIGUEL CHRISTIAN THERIOT
Miguel Christian Theriot, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 13-FELY-666893.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT DENIED.
VGW
EW
Guidry, J., dissents. 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 non-unanimous juries 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). Accordingly, I would stay the writ application pending a decision in State v. Reddick, 2021-1893 (La. 2/15/22), 332 So.3d 1173, whereby the Louisiana Supreme Court has taken up for consideration the issue of whether Ramos applies retroactively on state collateral review.