2020-KD-00873 Precedential Writ application granted. Processed

State Of Louisiana v. Reyhane T. Mcknight

Louisiana Supreme Court · Filed July 17, 2020

Opinion text

Supreme Court of Louisiana
July 17, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
REYHANE T. MCKNIGHT
No.2020-KD-00873
_ _
_ _ _ _
I
N RE: Reyhane T. McKnight - Applicant Defendant; Applying For Supervisory
Writ, Parish of St. Tammany, 22nd Judicial District Court Number(s) 596307-1;
_ _ _ _ _ _
July 17, 2020
Writ application granted. See per curiam.
JDH
BJJ
JLW
SJC
JTG
WJC
JHB
07/17/2020 "See News Release 027 for any Concurrences and/or Dissents."

07/17/20
S
UPREME COURT OF LOUISIANA
No
. 2020-KD-00873
STA
TE OF LOUISIANA
VS.
REYHANE T. MCKNIGHT
O
n Supervisory Writ to the 22nd Judicial District Court, Parish of St. Tammany
PE
R CURIAM
W
rit granted. The matter is transferred to the court of appeal to conduct a n
error patent review in light of Ramos v. Louisiana , 590 U.S. — (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 (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.