State Of Louisiana v. Sadat El-Amin

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1069

VERSUS

SADAT EL- AMIN DECEIVER 30, 2020

In Re: Sadat El -Amin, applying for supervisory writs, 22nd
Judicial District Court, Parish of Washington, No. 09 -
CRI - 101854.

BEFORE: GUIDRY, McCLENDON, AND LANIER, 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 its
address whether
holding applied

retroactively to cases on collateral review. The Court
specifically observed that the question of "[ w] hether 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 , 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. _, 140 S. Ct. 2737, 206
L. Ed. 2d 917 ( 2020). Moreover, the Louisiana Supreme Court has
declined to definitively rule on whether Ramos should on
apply
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 ( Johnson, C. J., dissenting to point out that

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 from issue in
relator
reurging the
the district court if warranted by the decision of the higher
courts.

JMG
PMC
WIL

COURT OF APPEAL, FIRST CIRCUIT

D PUTY

FOR
LCLEPOF
THE COURT
COURT