State Of Louisiana v. David Javon Arceneaux Aka David Arceneaux

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.
DAVID JAVON ARCENEAUX AKA DAVID
ARCENEAUX
No.2020-K-00125
_ _
_ _ _ _
I
N RE: David Javon Arceneaux aka David Arceneaux - Applicant Defendant;
Applying For Writ Of Certiorari, Parish of Iberia, 16th Judicial District Court
Number(s) 17-240, Court of Appeal, Third Circuit, Number(s) 19-60;
_ _ _ _ _ _
June 03, 2020
Writ application granted. See per curiam.
JHB
BJJ
JLW
JDH
SJC
JTG
WJC
06/03/2020 "See News Release 020 for any Concurrences and/or Dissents."

06/03/20
S
UPREME COURT OF LOUISIANA
No
. 2020-K-00125
S
TATE OF LOUISIANA
v.
DAVI
D JAVON ARCENEAUX
A/K/A DAVID ARCENEAUX
O
N WRIT OF CERTIORARI TO THE THIRD CIRCUIT,
COURT OF APPEAL, PARISH OF IBERIA
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 court 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. L ouisiana
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.