Opinion
NO. 2015 KW 1625
01-15-2016
STATE OF LOUISIANA v. ALBERT WOODFOX
In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 15-WFLN-088. BEFORE: CRAIN, DRAKE AND HOLDRIDGE, JJ.
WRIT GRANTED. In the instant case, the State is not seeking the death penalty. Therefore, the provisions of La. R.S. 14:30(C)(1) regarding capital verdicts are inapplicable, and the provisions relative to cases in which punishment is necessarily punishment at hard labor shall apply. See La. Code Crim. P. art. 782(A). Furthermore, because the provisions regarding the number of jurors that must concur to render a verdict are procedural in nature, a non-unanimous verdict in this case would not violate the defendant's constitutional rights. See State v. Bishop, 2010-1840 (La. App. 1st Cir. 6/10/11), 68 So.3d 1197, 1205-06, writ denied, 2011-1530 (La. 12/16/11), 76 So.3d 1203. Therefore, the district court erred in granting the defense's motion for a unanimous verdict. Accordingly, the district court's ruling is reversed, and this matter is remanded to the district court for further proceedings.
EGD
GH
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT