2020-KO-00303 Precedential Application for reconsideration granted. Processed

Clerk of Court For the Court State Of Louisiana v. Adam Littleton

Louisiana Supreme Court · Filed September 29, 2020

Also decided on this docket: La., July 24, 2020

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
ADAM LITTLETON
No.2020-KO-00303
_ _ _ _ _ _
IN RE: Adam Littleton - Applicant Defendant; Applying for
Rehearing/Reconsideration, Parish of Jefferson, 24th Judicial District Court
Number(s) 16-2908, Court of Appeal, Fifth Circuit, Number(s) 18-KA-354;
_ _ _ _ _ _
September 29, 2020
Application for reconsideration granted. See per curiam.
BJJ
JLW
JDH
SJC
JTG
JHB
Crain, J., dissents.
Supreme Court of Louisiana
September 29, 2020
09/29/2020 "See News Release 035 for any Concurrences and/or Dissents."

09/29/20
S
UPREME COURT OF LOUISIANA
No
. 20-KO-0303
S
TATE OF LOUISIANA
v.
ADAM
LITTLETON
ON S
UPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PE
R CURIAM:
R
econsideration 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 t rial 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.