State Of Louisiana v. Kendell Shanner Cagler

Supreme Court of Louisiana
June 03, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KENDELL SHANNER CAGLER
No.2018-K-02015
_ _
_ _ _ _
I
N RE: Kendell Shanner Cagler - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of St. Tammany, 22nd Judicial District Court Number(s) 577420,
Court of Appeal, First Circuit, Number(s) 2018 KA 0427;
_ _ _ _ _ _
June 03, 2020
Writ application granted. See per curiam.
JDH
BJJ
JLW
SJC
JTG
WJC
JHB
06/03/2020 "See News Release 020 for any Concurrences and/or Dissents."

06/03/20
S
UPREME COURT OF LOUISIANA
No
. 2018-KO-02015
S
TATE OF LOUISIANA
v.
KEN
DELL SHANNER CAGLER
O
N WRIT OF CERTIORARI TO THE FIRST CIRCUIT,
COURT OF APPEAL, PARISH OF ST. TAMMANY
PE
R CURIAM:
W
rit granted. The matter is remanded to the court of appeal for further
proceedings and to conduct a new error patent review in light of Ramos v.
Louisiana, 590 U.S. —, 140 S.Ct. 1390, — L.Ed.2d — (2020). If the non -
unanimous jury claim was not preserved for review in the trial cour t or was
abandoned during any stage of the proceedings, the court of appeal should
nonetheless consider the issue as part of its error patent review. See La.C.Cr.P. art.
920(2).
The present matter was pending on direct review when Ramos v. Louisiana
was decided, and therefore the holding of Ramos applies. See Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 716, 93 L.Ed.2d 649 (1987). Nothing herein
should be construed as a determination as to whether that ruling will apply
retroactively on state collateral review to those convictions and sentences that were
final when Ramos was decided.