State Of Louisiana v. Demarious Hicks

Supreme Court of Louisiana
February 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DEMARIOUS HICKS
No. 2023-K-00969
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I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Madison, 6th Judicial District Court Number(s) 185,577, Court of Appeal,
Second Circuit, Number(s) 55,010-KA;
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February 06, 2024
Writ application granted. See per curiam.
Griffin, J., dissents and assigns reasons.
JDH
JLW
SJC
JTG
WJC
JBM
02/06/2024 "See News Release 007 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
2023-K-00969
STA
TE OF LOUISIANA
VS.
DEMARIOUS HICKS
On W
rit of Certiorari to the Court of Appeal, Second Circuit, Parish of Madison
P
ER CURIAM
Writ granted. The United States Supreme Court determined in Ramos v.
Louisiana, 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), that the Sixth
Amendment right to jury trial, as incorporated against the States by way of the
Fourteenth Amendment, requires a unanimous verdict to convict a defendant of a
serious offense. Here, in a trial conducted after Ramos was decided, the district court
instructed jurors that they could reach a verdict by 10-2 vote. However, jurors were
not polled and it is not known whether the verdict was unanimous. The erroneous
jury instruction alone does not constitute a structural error and defendant must show
he suffered harm from it before the conviction will be reversed. See generally State
v. Hongo, 96-2060, p. 4 (La. 12/02/97), 706 So.2d 419, 421; see also Weaver v.
Massachusetts, 582 U.S. 286, 137 S.Ct. 1899, 198 L.Ed.2d 420 (2017). Accordingly,
we grant the State’s application and reverse the court of appeal’s decision, which set
aside the jury’s verdict and remanded for a new tria l. We reinstate the verdict and
remand to the district court, which is ordered to conduct further proceedings to
ascertain whether the verdict was unanimous. See generally State v. Norman, 2020-
109 (La. 7/2/20), 297 So.3d 738 (per curiam). Thereafter, if the trial court finds no
error or that any error was harmless, defendant can appeal that ruling.
REVERSED AND REMANDED
02/06/24