State Of Louisiana v. J Erome Gray
State Of Louisiana v. J Erome Gray, No. 2021-KO-01232 (La. Feb. 8, 2022).
Opinion text
Supreme Court of Louisiana
February 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
EROME GRAY
No. 2021-KO-01232
_ _
_ _ _ _
I
N RE: Jerome Gray - Applicant Defendant; Applying For Writ Of Certiorari, Parish
of Iberville, 18th Judicial District Court Number(s) 267- 16, Court of Appeal, First
Circuit, Number(s) 2020 KA 0685;
_ _ _ _ _ _
February 08, 2022
Writ application granted in part. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
02/08/2022 "See News Release 007 for any Concurrences and/or Dissents."
S
UPREME COURT OF LOUISIANA
No
. 21-KO-1232
S
TATE OF LOUISIANA
v.
J
EROME GRAY
O
N SUPERVISORY WRITS TO THE EIGHTEENTH
JUDICIAL DISTRICT COURT, PARISH OF IBERVILLE
PE
R CURIAM:
W
rit granted in part; otherwise denied. 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, 206 L.Ed.2d 583 (2020). If
the non-unanimous jury verdict claim, presented in a pro se supplemental filing,
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, 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.
02/08/22