State Of Louisiana v. DaBrandin Brown

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0479

VERSUS

DEBRANDIN BROWN JULY 18, 2022

In Re: Debrandin Brown, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 01- 01- 0518.

BEFORE: HOLDRIDGE, PENZATO, AND LANIER, JJ.

WRIT DENIED.

AHP

WIL

Holdridge, J., dissents in part and would stay the writ

application. 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 nonunanimous 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). I would stay the writ application pending the Louisiana
Supreme Court' s decision in State v. Reddick, 2021- 1893 ( La.
2/ 15/ 22), 332 So. 3d 1173, wherein the court has granted the writ
application for consideration of whether Ramos applies

retroactively on state collateral review.

COURT OF APPEAL, FIRST CIRCUIT

01. 514
DEPUTY CLERK OF COURT
FOR THE COURT