State of Louisiana v. Donald Broussard

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

19-792

STATE OF LOUISIANA

VERSUS

DONALD BROUSSARD

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APPEAL FROM
SIXTEENTH JUDICIAL DISTRICT COURT,
PARISH OF IBERIA, NO. 17-284
HONORABLE CURTIS SIGUR, DISTRICT JUDGE

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SYLVIA R. COOKS
JUDGE
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Court composed of Sylvia R. Cooks, Phyllis M. Keaty and Van H. Kyzar, Judges.
REVERSED. REMANDED FOR A NEW TRIAL.

Pride J. Doran
Dwazendra J. Smith
Doran and Cawthorne
521 East Landry Street
Opelousas, LA 70571
(337) 948-8008
Attorneys for Defendant/Appellant:
Donald Broussard

Hon. M. Bofill Duhe´
District Attorney, Sixteenth Judicial District
Janet M. Perrodin, Assistant District Attorney
W. Claire Howington, Assistant District Attorney
300 Iberia Street, Suite 200
New Iberia, LA 70560
(337) 369-4420
Attorneys for Appellee: State of Louisiana

COOKS, Judge.

The record in this case shows the jury was polled and returned a verdict of

guilty of negligent homicide, a violation of La.R.S. 14:32, by a vote of eleven to one.

The United States Supreme Court recently held non-unanimous jury verdicts

unconstitutional. Ramos v. Louisiana, 2020 WL 1906545, 590 U.S. ___, ___ S.Ct.

___ (2020). (Slip Op.). The Supreme Court unambiguously determined that non-

unanimous verdicts are not permissible under the Sixth Amendment to the

Constitution and the prohibition applies to the states through the Fourteenth

Amendment. (Slip Op. at p. 26; see also concurrences by Sotomayor, Kavanaugh,

and Thomas, JJ.).1

Further, the opinion recognizes, that its ruling applies to cases pending on

direct review. (Slip Op. at 22-23.) Justice Kavanaugh’s concurrence states this

explicitly. (Slip Op. at 15-17.) Such review is in keeping with this state’s

jurisprudence. See, State v. Ruiz, 06-1755 (La. 4/11/07), 955 So.2d 81. We therefore

find the Ramos ruling is applicable and it requires Defendant’s conviction by a non-

unanimous jury verdict be reversed. Accordingly, the case must be remanded for a

new trial.

REVERSED. REMANDED FOR A NEW TRIAL.

1
Each concurrence has its own sequence of page numbers.