State of Louisiana v. Tracey N. Williams

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

19-641

STATE OF LOUISIANA

VERSUS

TRACEY N. WILLIAMS

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REMAND FROM
THE SUPREME COURT OF LOUISIANA
2020-K-00473

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 16917-17
HONORABLE DAVID A. RITCHIE, DISTRICT JUDGE

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JOHN E. CONERY
JUDGE

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Court composed of Elizabeth A. Pickett, Phyllis M. Keaty, and John E. Conery,
Judges.

REVERSED. REMANDED FOR NEW TRIAL.

Chad M. Ikerd
Louisiana Appellate Project
Post Office Box 2125
Lafayette, Louisiana 70502
(225) 806-2930
COUNSEL FOR DEFENDANT/APPELLANT:
Tracey N. Williams

Tracey N. Williams
David Wade Correctional Center
670 Bell Hill Road
Homer, Louisiana 71040
PRO-SE DEFENDANT/APPELLANT:
Tracey N. Williams

John F. DeRosier
District Attorney
14th Judicial District
Post Office Box 3206
Lake Charles, Louisiana 70602-3206
(337) 437-3400
COUNSEL FOR APPELLEE:
State of Louisiana

John E. Turner
Assistant District Attorney
14th Judicial District
901 Lakeshore Drive, Suite 800
Lake Charles, Louisiana 70601
(337) 437-3400
COUNSEL FOR APPELLEE:
State of Louisiana

Honorable Jeffrey M. Landry
Attorney General
Post Office Box 94005
Baton Rouge, Louisiana 70804
(225) 326-6200
COUNSEL FOR RESPONDENT:
Attorney General of the State of Louisiana

CONERY, Judge.

On December 10, 2018, Defendant, Tracey N. Williams, was convicted by an

eleven-to-one jury of indecent behavior with a juvenile, a violation of La.R.S. 14:81.

The trial court imposed a twenty-year sentence to be served at hard labor.

Defendant sought review by this court and argued, in part, that the non-

unanimous verdict was unconstitutional. This court affirmed the conviction and

sentence, finding no merit in Defendant’s contention that the eleven-to-one jury

verdict rendered in his case violated his due process and fair trial rights. See State

v. Williams, 19-641 (La.App. 3 Cir. 3/4/20) (unpublished).1

While Defendant’s writ application was pending with the Supreme Court of

Louisiana, the United States Supreme Court rendered Ramos v. Louisiana, _ U. S.

_, 140 S.Ct. 1390 (2020) and determined that non-unanimous decisions are not

permissible under the Sixth Amendment of the United States Constitution and that

the prohibition applies to the states through the Fourteenth Amendment. The

Supreme Court explained that the ruling is applicable to cases pending on direct

review. Id. The Supreme Court of Louisiana thus remanded this case for

reconsideration. State v. Williams, 20-473 (La. 9/8/20), 301 So.3d 14.

As noted in the original opinion, the verdict in this case was eleven-to-one and

Defendant objected at the time the jury was polled. Ramos, _ U.S. _, thus requires

that Defendant’s conviction and sentence be vacated and the matter remanded for a

new trial. See, e.g., State v. Leday, 19-105 (La.App. 3 Cir. 6/10/20), 298 So.3d 887.

1
2020 WL 1047356.

DECREE

For the foregoing reasons, Defendant’s conviction and sentence are reversed.

This matter is remanded for a new trial pursuant to Ramos v. Louisiana, _ U.S. _,

140 S.Ct. 1390 (2020).

REVERSED. REMANDED FOR NEW TRIAL.

2