State Of Louisiana v. Kirby Thomas

Supreme Court of Louisiana
June 22, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF
LOUISIANA VS.
KIRBY THOMAS
No.2019-K-01819
_ _
_ _ _ _
I
N RE: Kirby Thomas - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Assumption, 23rd Judicial District Court Number(s) 17- 123, Court of
Appeal, First Circuit, Number(s) 2019 KA 0409;
_ _ _ _ _ _
June 22, 2020
Writ application granted in part; denied in part. See per curiam.
Jo
hnson, C.J., concurs and assigns reasons.
WJC
BJJ
JLW
JDH
SJC
JTG
JHB
06/22/2020 "See News Release 022 for any Concurrences and/or Dissents."

06/22/20
S
UPREME COURT OF LOUISIANA
No
. 2019-K-01819
STA
TE OF LOUISIANA
ve
rsus
KI
RBY THOMAS
O
N WRIT OF CERTIORARI TO THE FIRST CIRCUIT
COURT OF APPEAL, PARISH OF ASSUMPTION
PE
R CURIAM:
Writ granted in part. Defendant’s convictions were not final when R amos v.
Louisiana, 590 U.S. —, 140 S.Ct. 1390, — L.Ed.2d — (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
attempted manslaughter, which was by unanimous verdict. The application is
otherwise denied.
REMANDED