State Of Louisiana v. Kentreal Jarbar Howard

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1102

VERSUS

KENTREAL JARBAR HOWARD FEBRUARY 1, 2021

In Re: Kentreal Jarbar Howard, for
applying supervisory
writs, 32nd Judicial District Court, Parish of

Terrebonne, No. 718291 c/ w 744470.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT DENIED. Relator" s numerous claims are without merit
on their face, unsupported or refuted by the documents included
with the writ application, and/ or not supported
by the
applicable law and jurisprudence. Thus, he did not meet his
burden of proof on his claims. See La. Code Crim. P. art.
930. 2. Furthermore, 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. 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 U. S.
v. Vannoy, _
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 ( Johnson, C. J.,
dissenting to point out that she disagreed with the majority' s
decision to deter ruling until the United States Supreme Court
mandates action). Therefore, we are to
constrained 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).

MRT
EW
CHH

COURT OF APPEAL, FIRST CIRCUIT

CIN

EPUTY C E K OF COURT
FOR THE COURT