Clerk of Court For the Court State Of Louisiana v. Tracey N. Williams

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
TRACEY N. WILLIAMS
No.2020-K-00473
_ _ _ _ _ _
IN RE: Tracey N. Williams - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Calcasieu, 14th Judicial District Court Number(s) 16917-17, Court of
Appeal, Third Circuit, Number(s) 19-0641;
_ _ _ _ _ _
September 08, 2020
Writ application granted. See per curiam.
BJJ
JLW
JDH
SJC
JTG
WJC
JHB
Supreme Court of Louisiana
September 08, 2020
09/08/2020 "See News Release 031 for any Concurrences and/or Dissents."

09/08/20
S
UPREME COURT OF LOUISIANA
No
. 2020-K-00473
STA
TE OF LOUISIANA
v.
T
RACEY N. WILLIAMS
O
N WRIT OF CERTIORARI TO THE COURT OF APPEAL,
THIRD CIRCUIT, PARISH OF CALCASIEU
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. 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.