2021KW0572 Nonprecedential Writ denied Processed

State Of Louisiana v. Brian Christopher Martin

Louisiana Court of Appeal, First Circuit · Filed July 30, 2021

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0572

VERSUS

BRIAN CHRISTOPHER MARTIN JULY 30, 2021

In Re: Brian Christopher Martin, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.

Tammany, No. 509, 250.

BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.

WRIT DENIED.
MRT
CHH

Holdridge J., dissents and would stay the matter. The
decision whether to apply Ramos v. Louisiana, _ U. S. _, 140
S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020) retroactively and grant

postconviction relief on state collateral review to defendants
convicted by non --unanimous juries in all or certain

circumstances remains with the Louisiana Supreme Court. A state
court may give broader effect to new rules of criminal procedure
than is required by the relevant opinion. See Danforth v.

Minnesota, 552 U. S. 264, 128 S. Ct. 1029, 169 L. Ed. 2d 859 ( 2008).

COURT OF APPEAL, FIRST CIRCUIT

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