State Of Louisiana v. Jake Leon Mills

STATE OF LOUISIANA NO. 2023 KW 1332

VERSUS

JAKE LEON MILLS FEBRUARY 16, 2024

In Re: State of Louisiana, applying for writs,
supervisory
22nd Judicial District Court, Parish St.
of Tammany,
No. 589075.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT GRANTED. The trial court' s the
ruling granting
defendant' s " Motion for Verdicts Other Than Conviction to be by
Concurrence of Ten Jurors" is reversed. In Ramos v. Louisiana,
590 U. S. ----- 140 S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020) , the
Supreme Court did not distinguish between acquittals and
convictions when
declaring nonunanimous verdicts
unconstitutional. State v. Rodgers, 2021- 190 ( La. App. 3d Cir.
4/ 14/ 21), 318 So. 3d 315, 316, writ denied, 2021- 00675 ( La.
9/ 27/ 21), 324 So. 3d 87. Therefore, we find that the defendant' s
argument that he is entitled to a nonunanimous for
jury verdict
an acquittal is without merit. is
Accordingly, this matter
remanded to the trial court for further proceedings consistent

with this ruling.

JEW
EW

Stromberg, J., dissents.

COURT OF APPEAL, FIRST CIRCUIT

tPUTY CLERK OF COURT
FOR THE COURT