State of Louisiana v. Cardell A. Hayes

STATE OF LOUISIANA * NO. 2017-KA-0789

VERSUS *
COURT OF APPEAL
CARDELL A. HAYES *
FOURTH CIRCUIT
*
STATE OF LOUISIANA
*******

APPEAL FROM
CRIMINAL DISTRICT COURT ORLEANS PARISH
NO. 528-975, SECTION “H”
Honorable Camille Buras, Judge
******
Judge Joy Cossich Lobrano
******
ON REMAND FROM THE UNITED STATES SUPREME COURT

(Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge
Sandra Cabrina Jenkins)

Leon Cannizzaro
District Attorney
Donna Andrieu
Assistant District Attorney, Chief of Appeals
Kyle Daly
Assistant District Attorney
Laura Rodrigue
Assistant District Attorney
Jason Napoli
Assistant District Attorney
DISTRICT ATTORNEY'S OFFICE, ORLEANS PARISH
619 South White Street
New Orleans, LA 70119

COUNSEL FOR STATE/APPELLEE

Paul J. Barker
Christen E. DeNicholas
LAW OFFICES OF PAUL J. BARKER, LLC
700 Camp Street, Suite 418
New Orleans, LA 70130

COUNSEL FOR DEFENDANT/APPELLANT

CONVICTIONS AND SENTENCES
VACATED AND REMANDED.
February 19, 2021

JCL The facts and procedural history of this case were set out in this Court’s
TFL
appellate opinion. State v. Hayes, 2017-0789 (La. App. 4 Cir. 3/27/19); ___
SCJ
So.3d___, 2019 WL 1386493. On December 11, 2016, the defendant, Cardell

Hayes (“Defendant”), was convicted by ten-to-two votes of the responsive verdicts

of manslaughter and attempted manslaughter, as reflected in the transcript of the

polling of the jury following trial. On March 27, 2019, this Court affirmed

Defendant’s convictions and sentences, rejecting multiple assignments of error.

Hayes, 2017-0789, p. 1, (La. App. 4 Cir. 3/27/19); ___ So. 3d at ___, 2019 WL

1386493, *1. The Louisiana Supreme Court denied writs on March 9, 2020. State

v. Hayes, 2019-00808 (La. 3/9/20); 294 So.3d 485.

Defendant thereafter sought direct review in the United States Supreme

Court. On January 11, 2021, the United States Supreme Court granted certiorari,

vacated the judgment, and remanded the case to this Court for further consideration

in light of Ramos v. Louisiana, 140 S.Ct. 1390, 206 L.E.d.2d 583 (2020).1 Hayes v.

Louisiana, 20-5123, ___ S.Ct. ___, 2021 WL 78044, *1 (2021).

In further consideration in light of Ramos, and finding that the verdicts were

non-unanimous, we vacate Defendant’s convictions by non-unanimous jury

verdicts and sentences and remand the case to the district court for further

proceedings.

1
The United States Supreme Court stated:

The motion of petitioner for leave to proceed in forma pauperis and the petition
for writ of certiorari is granted. The judgment is vacated, and the case is remanded
to the Court of Appeal of Louisiana, Fourth Circuit for further consideration in
light of Ramos v. Louisiana, 590 U. S. –––– (2020).

Hayes v. Louisiana, 20-5123, ___ S.Ct. ___, 2021 WL 78044, *1 (2021).

CONVICTIONS AND SENTENCES VACATED AND REMANDED.

3