State Of Louisiana v. Dermaine Norman

Supreme Court of Louisiana
July 02, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DERMAINE NORMAN
No.2020-K-00109
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I
N RE: Dermaine Norman - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of St. John the Baptist, 40th Judicial District Court Number(s) 12337, Court
of Appeal, Fifth Circuit, Number(s) 18KA00723;
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July 02, 2020
Writ application granted in part. See per curiam.
Johnson, C.J., dissents and assigns reasons.
WJC
JLW
JDH
SJC
JTG
JHB
07/02/2020 "See News Release 023 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2020-K-0109
STATE OF LOUISIANA
VERSUS
DERMAINE NORMAN
ON WRIT OF CERTIORARI TO THE FIFTH CIRCUIT,
COURT OF APPEAL, PARISH OF ST. JOHN THE BAPTIST
PER CURIAM*
Writ granted in part. The United States Supreme Court determined in Ramos
v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390, ___ L.Ed.2d ___ (2020), that the Sixth
Amendment right to jury trial, as incorporated against the States by way of the
Fourteenth Amendment, requires a unanimou s verdict to convict a defendant of a
serious offense. In accordance with Griffith v. Kentucky , 479 U.S. 314, 328, 107
S.Ct. 708, 716, 93 L.Ed.2d 649 (1987), that ruling applies retroactively to all cases
pending on direct review or not yet final. Defendant’s conviction was not final when
Ramos was decided. However, the court of appeal found with the benefit of the
record that the district court ceased polling the jury after the first ten jurors. Thus,
it is not known whether the verdict was unanimous. Accordingly, we grant the
application in part to remand to the trial court, which is ordered to conduct further
proceedings to ascertain whether the verdict was unanimous. The trial court shall
provide a per curiam to this Court within ten days of ruling on the Ramos issue and
stating the outcome. If the trial court denies relief under Ramos, defendant can
appeal separately on that basis. The remainder of the defendant’s claims will be
considered by this Court once the Ramos issue is resolved.
07/02/20