State of Louisiana v. Robert Lee Heard, Jr.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

18-236

STATE OF LOUISIANA

VERSUS

ROBERT LEE HEARD, JR.

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ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES OF AMERICA
APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 12-4535
HONORABLE D. JASON MECHE, DISTRICT JUDGE

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PHYLLIS M. KEATY
JUDGE

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Court composed of Billy Howard Ezell, Phyllis M. Keaty, and Van H. Kyzar,
Judges.

CONVICTION AND SENTENCE VACATED;
REMANDED FOR NEW TRIAL.

Paula C. Marx
Louisiana Appellate Project
Post Office Box 82389
Lafayette, Louisiana 70598-2389
(337) 991-9757
Counsel for Defendant/Appellant:
Robert Lee Heard, Jr.

Earl B. Taylor
District Attorney
Jennifer M. Ardoin
Assistant District Attorney
Post Office Drawer 1968
Opelousas, Louisiana 70571
(337) 948-0551
Counsel for Appellee:
State of Louisiana

KEATY, Judge.

On November 20, 2012, Defendant, Robert Lee Heard, Jr., was charged by

grand jury indictment with the first degree murder of his wife, Demetra Doyle, in

violation of La.R.S. 14:30. On August 1, 2017, the State amended the indictment

to charge Defendant with second degree murder, in violation of La.R.S. 14:30.1.

On August 17, 2017, a jury found Defendant guilty as charged of second degree

murder by an 11-1 verdict. Defendant appealed his conviction and sentence,

contending he should have been convicted of manslaughter and that his conviction

was illegal because of the non-unanimous jury verdict.

On November 7, 2018, this court affirmed Defendant’s conviction and

sentence. State v. Heard, 18-236 (La.App. 3 Cir. 11/7/18), 258 So.3d 875, writs

denied, 18-2013, 18-2022 (La. 4/29/19), 268 So.3d 1029, 1033. Regarding

Defendant’s claim that his conviction was illegal because it was the result of a non-

unanimous jury, this court stated:

In his second assignment of error, Defendant contends that his
conviction for second degree murder should not stand because it
results from a non-unanimous jury verdict, which supports the
sufficiency argument herein that the State failed to prove its case
beyond a reasonable doubt. Defendant’s argument fails in light of
La.Code Crim.P. art. 782(A), which provides, in pertinent part:
“Cases in which punishment is necessarily confinement at hard labor
shall be tried by a jury composed of twelve jurors, ten of whom must
concur to render a verdict.” That particular statute was ruled
constitutional in both State v. Bertrand, 08-2215, 08-2311 (La.
3/17/09), 6 So.3d 738, and Apodaca v. Oregon, 406 U.S. 404, 92 S.Ct.
1628, 32 L.Ed.2d 184 (1972).

Id. at 882.

On April 27, 2020, the United States Supreme Court remanded the case to

this court in light of Ramos v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390 (2020).

Heard v. Louisiana, 590 U.S. ___, 140 S.Ct. 2713 (2020). In Ramos, the United

States Supreme Court found non-unanimous jury verdicts unconstitutional.

Accordingly, Defendant’s conviction and sentence for second degree murder via a

non-unanimous verdict is vacated, and the case is remanded for a new trial.

DISPOSITION

For the foregoing reasons, the conviction and sentence for second degree

murder of Robert Lee Heard, Jr. is vacated, and the case is remanded for a new

trial.

CONVICTION AND SENTENCE VACATED; REMANDED FOR
NEW TRIAL.

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