State Of Louisiana v. Fred Johnson

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0794

VERSUS

FRED JOHNSON NOVMMER 10, 2020

In Re: Fred Johnson, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, Nos.
328425 & 328436.

BEFORE: GUIDRY, MCCLENDON, AND PENZATO, JJ.

WRIT DENIED. In Ramos v. Louisiana, _ U. S._, , 140
S. Ct. 1390, 1397, 206 L. Ed. 2d 583 ( 2020), the United States

Supreme Court held, " the Sixth Amendment' s unanimity requirement
applies to state and federal criminal trials equally." However,
the Court declined to address whether its holding applied

retroactively to cases on collateral review. The Court

specifically observed that the question of "[ w1hether the right

to jury unanimity applies to cases on collateral review is a

question for a future case where the parties will have a chance

to brief the issue and we will benefit from their adversarial

presentation." See Ramos, U. S. at Jr 140 S. Ct. at 1407.
The question of whether Ramos must apply retroactively to cases

on federal collateral review is currently pending before the
Court. Edwards v.
Vannoy, _ U. S. r 140 S. Ct. 2737, 206
L. Ed. 2d 917 ( 2020). Moreover, the Louisiana Supreme Court has
declined to definitively rule on whether Ramos should apply on

collateral review in state court proceedings pending a decision
in Edwards. See State v. Gipson, 2019- 01815 ( La. 6/ 3/ 20), 296
So. 3d 1051, 1052 ( dissenting to point out that
Johnson, C. J.,

she disagreed with the majority' s decision to defer ruling until
the United States Supreme Court mandates action). Therefore, we

are constrained to deny relief at this time. However, our

decision does not preclude relator from reurging the issue in
the district court if warranted by the decision of the higher
court( s).

JMG

PMC
AHP

COURT OF APPEAL FIRST CIRCUIT

DEPUTY CL K OF COURT
FOR THE COURT