State Of Louisiana v. Wilbert Kelly, Jr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 0826
VERSUS
WILBERT KELLY, JR. OCTOBER 8, 2021

In Re: Wilbert Kelly, Jr., applying for supervisory writs,
20th Judicial District Court, Parish of East
Feliciana, No. 03-CR-000898.

BEFORE: WELCH, THERIOT, AND HOLDRIDGE, JJ.

WRIT DENIED.

JEW
MRT

Holdridge J., dissents and would stay the matter. The
decision whether to apply Ramos v. Louisiana, U.S. 14 0
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

OF COURT
FOR THE COURT