Clerk of Court For the Court State Of Louisiana v. James Matthew Cole

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
JAMES MATTHEW COLE
No.2019-K-01733
_ _ _ _ _ _
IN RE: James Matthew Cole - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of St. Tammany, 22nd Judicial District Court Number(s) 586690,
Court of Appeal, First Circuit, Number(s) 2019 KA 0033;
_ _ _ _ _ _
October 06, 2020
Writ application granted in part. See per curiam.
BJJ
JLW
JDH
SJC
JTG
WJC
JHB
Supreme Court of Louisiana
October 06, 2020
10/06/2020 "See News Release 037 for any Concurrences and/or Dissents."

10/06/20
S
UPREME COURT OF LOUISIANA
No
. 19-K-1733
S
TATE OF LOUISIANA
v.
J
AMES MATTHEW COLE
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
PE
R CURIAM:
W
rit granted in part. Defendant’s convictions were not final when Ramos v.
Louisiana, 590 U.S. —, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), was decided, and
therefore the holding of Ramos applies to any non- unanimous verdicts in these
proceedings. See Griffith v. Kentucky , 479 U.S. 314, 328, 107 S.Ct. 708, 716, 93
L.Ed.2d 649 (1987). 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. The remand order does not pertain to defendant’s conviction for second
degree rape, which was by unanimous verdict. The application is otherwise denied.